LIBRARY 

OK  TH1C 

UNIVERSITY  ©F  CALIFORNIA. 


Deceived 
Accessions  No.\5~&  *          -        Oiiss  No. '  * 


P,  >•/. 


Compliments  of 

C~Qlr. 

Superintendent  of  Public  Instruction. 


School  Law  Decisions 


IN 


APPEAL  CASES, 


BY 


THE  SECRETARY  OF  THE  BOARD  OF  EDUCATION  AND  THE 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


188O. 


COMPILED  FOR  THE  USE  OF  SCHOOL  OFFICERS 


BY 


C.  W.  YON   COELLN, 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


DES  MOINES: 

F.  M.  MILLS,  STATE  PRINTER. 

1880. 


VBRSITT 


X 


PBEFACE. 


THE  former  publications  of  School  Law  Decisions  in  1868, 1872,  and 
1876,  have  been  great  helps  in  determining  cases  on  appeal. 

Being  authorized  by  the  legislature  to  publish  another  edition  of 
these  decisions,  I  have  omitted  many  of  the  older  ones,  which  refer 
to  the  old  laws,  and  are  of  little  benefit  now. 

Some  have  been  omitted  because  they  seemed  to  imply  that  the 
judgment  of  the  county  superintendent  was  to  be  paramount  to  that 
of  boards. 

I  take  the  liberty  to  make  a  few  general  suggestions  to  county  super- 
intendents in  this  preface,  to  prevent  their  falling  into  errors  which 
frequently  cause  reversals  in  this  department.  Section  1836  says: 
"'Nothing  in  this  chapter  shall  be  so  construed  as  to  authorize  either 
;t  the  county  or  state  superintendent  to  render  a  judgment  for  money, 
u  neither  shall  they  be  allowed  any  other  compensation  than  is  now 
"  allowed  by  law.  All  necessary  postage  must  first  be  paid  by  the  party 
"  aggrieved.'1 

We  understand  this  to  mean  that  no  appeal  will  lie  where  the  valid- 
ity of  a  con  tract  is  involved.  When  a  teacher  is  dismissed,  an  appeal 
will  lie  to  determine  whether  the  board  of  directors  had  sufficient 
reason  to  sustain  the  charges  for  which  they  are  dismissed;  but  the 
fulfillment  of  the  contract  must  be  enforced  by  the  courts. 

Since  section  1835  of  the  Code  of  1873  makes  the  decision  of  this 
department  final,  and  since  sections  3345-3352  provide  for  a  writ  in 
the  nature  of  quo  warranto  to  determine  the  right  and  title  to  office, 
or  the  right  of  a  corporation  to  exist,  county  superintendents  should 
refuse  to  entertain  any  appeal  which  is  prosecuted  to  determine  either 
of  these  points. 

In  such  cases,  the  appeal,  if  brought,  should  be  dismissed  and  no 
further  hearing  granted,  as  soon  as  it  becomes  known  what  the  object 
of  the  appeal  is. 


g  PREFACE. 

When  the  discretion  of  the  board  is  the  question  at  issue,  the  county 
superintendent  should,  ordinarily,  affirm  the  action  of  the  board. 

We  held  in  a  late  decision  which  we  do  not  print  in  full: 

"  We  consider  the  action  of  the  board  of  directors  as  having  the  same 
"  force  with  the  finding  of  a  jury,  and  the  decisions  of  the  supreme 
"  court  are  numerous  to  the  effect  that  the  verdict  of  a  jury  cannot  be 
"  set  aside  unless  such  verdict  is  contradictory  to  the  evidence,  but  not 
"  upon  a  doubtful  interpretation  of  the  evidence.  See  White  v.  Clark, 
"39  Iowa,  338;  Harger  v.  Spqfford,  46  Iowa,  11. 

"  The  school  law  decisions  are  full  of  references  to  this  same  subject, 
"  showing  that  a  county  superintendent  ought  to  affirm  the  action  of  a 
"  board,  although  he  may  not  agree  with  the  judgment  of  the  board, 
"unless  there  is  proof  of  prejudice  or  malice,  violation  of  law  or 
"manifest  injustice.  See  Edwards  v.  District  Township  of  West 
il  Point,  p.  39,  School  Law  Decisions  of  1880.  The  expression,  'manifest 
"  injustice,'  should  not  be  construed  to  mean  that  the  county  superin- 
u  tendent  may  determine  in  his  own  mind  that  a  different  action  would 
"  be  more  beneficial  to  the  interests  of  the  district  than  the  action  of 
"  the  board,  since  the  phrase  means  an  absolute  neglect  of  the  rights 
"  and  privileges  of  an  individual  or  individuals." 

Defects  of  proceedings  may  be  corrected  by  amendment,  provided 
such  amendment  or  correction  does  not  injuriously  affect  the  opposite 
party.  No  new  issue  should  be  allowed  to  be  introduced  under  the 
guise  of  an  amendment  or  correction. 

No  appeal  should  be  entertained  except  upon  affidavit  filed  within 
the  thirty  days  prescribed  by  law. 

Testimony  in  all  cases  should  be  full,  and  no  point  should  be  assumed 
to  be  known  by  the  county  superintendent,  without  testimony  at  the 
time  of  hearing,  or  a  statement  made  in  his  decision  of  personal 
knowledge  of  the  facts. 

The  attorney-general,  in  1867,  held  that  a  refusal  to  grant  a  certifi- 
cate and  the  revocation  of  a  certificate,  are  proper  subjects  for  appeal. 
The  supreme  court,  in  a  late  decision,  held  that  courts  could  not  re- 
view the  discretionary  acts  of  the  county  superintendent  in  these  matters. 

Hence,  it  is  very  important  that  the  abuse  of  discretion,  which,  to 
say  the  least,  is  possible,  should  be  subject  to  correction  by  the  right  of 
appeal  to  this  department. 

In  such  cases,  the  party  interested  should  ask  for  a  rehearing  before 
the  county  superintendent,  when  all  matters  pertinent  to  the  determi- 


PREFACE.  9 

nation  of  the  question  should  be  put  in  writing,  to  be  forwarded  with 
the  decision  to  this  department  for  final  action  on  appeal. 

The  same  weight  which  is  to  be  given  by  county  superintendents  to 
the  discretionary  acts  of  boards  of  directors  will,  in  such  cases,  be 
given  to  the  discretionary  acts  of  the  county  superintendents. 

We  have  left  some  decisions  which  refer  to  old  laws,  on  account  of 
some  point  or  points  which  are  not  touched  in  later  decisions,  and,  in 
order  not  to  omit  the  connections,  we  have  left  decisions  entire.  A 
careful  examination  will  readily  show  what  parts  are  at  present  appli- 
cable. We  hope  that  this  publication  will  be  of  benefit  to  county 
superintendents  and  school  officers. 

One  copy  will  be  furnished  to  each  district,  to  be  placed  in  the  hands 
of  the  secretary  as  the  custodian  of  the  records,  and  must  be  trans- 
mitted by  him  to  his  successor  in  office. 

I  appreciate  the  aid  of  my  deputy,  Mr.  Ira  C.  Kling,  and  my  clerk, 
Mr.  J.  B.  McGorrisk,  in  the  preparation  of  this  compilation. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

DBS  MOINES,  May  1,  1880. 


TABLE  OF  OASES. 


A. 

Albion,  District  Township  of,  Smith  v 26 

Amity,  Independent  District  of,  Darnell  v 109 

Arthur  v.  Independent  District  of  Fairway 90 

B. 

Beard  v.  District  Township  of  Washington 66 

Belmont,  District  Township  of,  Moorman  v 53 

Brookfield,  District  Township  of,  Davenport  v '. 112 

Boomer,  District  Township  of,  Eemington  v 55 

Brewer  v.  District  Township  of  Washington 73 

Brighton,  District  Township  of,  Woods  v 87 

Brown  v.  District  Township  of  Van  Meter 80 

Brown,  District  Township  of,  Gordon  v 45 

Brown  v.  District  Township  of  Richland 25 

Bunn  v.  District  Township  of  Douglas 64 

Burlington,  Independent  District  of,  David  v 74 

Buzard  v.  Independent  District  of  Liberty 95 

C. 

Caldwell  v.  Peebles 63 

Gary,  McNeal  v 92 

Carmichael  v.  District  Township  of  Monroe , 114 

Cedar,  District  Township  of,  Dayton  v 57 

Cedar,  District  Township  of,  Miner  v 51 

Center,  District  Township  of,  Deremo  v 19 

Charles  City,  Independent  District  of,  Harwood  v 68 

Chester,  District  Township  of,  Hays  v 83 

Clark  v.  District  Township  of  Monroe 94 

Coffin's  Grove,  District  Township  of,  Smith  v 37 

Coffin's  Grove,  District  Township  of,  Hilton  and  Mosier  v 118 

Colburn  v.  District  Township  of  Silver  Lake 119 


12  CONTENTS. 

PAGE 

Cormack  v.  District  Township  of  Lincoln  113 

Crookshank  v.  District  Township  of  Maine 86 

Curry  v.  District  Township  of  Franklin 43 

D. 

Davenport  v.  District  Township  of  Brookfield 112 

Darnell  v.  Independent  District  of  Amity 109 

David  v.  Independent  District  of  Burlington 74 

Davis  v.  District  Township  of  Madison 60 

Dayton  v.  District  Township  of  Cedar 57 

Delaware,  District  Township  of,  Independent  District  of  Manchester  v .  17 

Deremo  v.  District  Township  of  Center 19 

Dilley  and  Board  of  Directors  of  Coif  ax  and  Adel,  Garoutte  v 93 

Dilley  and  Board  of  Directors  of  Coif  ax,  Jewett  v 93 

Dobbins  and  Briggs  v.  District  Township  of  Salem 30 

Douglas,  District  Township  of,  Bunn  v 64 

Dougherty  v.  Tracy 34 

Donald  v.  District  Township  of  South  Fork 110 

Downs  and  Coffee  v.  Independent  District  of  West  Branch 102 

Drew  v.  District  Township  of  Highland 88 

Dunlavy  v.  Klinginsmith 107 

E. 

Edwards  v.  District  Township  of  West  Point 39 

Eldon,  Independent  District  of,  Taylor  v 65 

Exira,  District  Township  of,  Watson  v 67 

F. 

Fairfield,  District  Township  of,  Kauffman  v 17 

Fairway,  Independent  District  of,  Arthur  v 90 

Flynn  v.  District  Township  of  W^hitebreast 32 

Franklin,  District  Township  of,  Curry  v 43 

Franklin,  District  Township  of,  Newell  v 106 

Fremont,  District  Township  of,  Huskins  v. 56 


G. 

Galland's  Grove,  District  Township  of,  Mclntosh  v 29 

Gard,  Heaton  v 115 

Garroutte  v.  Dilley  and  Board  of  Directors  of  Colfax  and  Adel 93 

Gordon  v.  District  Township  of  Brown 45 

Gosting  v.  District  Township  of  Lincoln 78 

Gullet  v.  District  Township  of  Hilton 62 


CONTENTS.  13 

H. 

PAGE 

Hall  v.  District  Township  of  Massillon 54 

Harlan  Township,  District  No.  1,  District  No.  2  v 116 

Harlan  Township,  District  No.  2  v.  District  No.  1 .  116 

Hardy  v.  District  Township  of  Wyacondah 89 

Harvey  v.  District  Township  of  Stapleton , 59 

Harwood  v.  Independent  District  of  Charles  City 68 

Hays  v.  District  Township  of  Chester 83 

Hays  v.  District  Township  of  Jefferson 96 

Heaton  v.  Gard 115 

Highland,  District  Township  of,  Drew  v 88 

Hilton  and  Hosier  v.  District  Township  of  Coffin's  Grove 118 

Hilton,  District  Township  of,  Gullet  v 62 

Hubbard  v.  District  Township  of  Lime  Creek 77 

Huskins  v.  District  Township  of  Fremont 56 

J. 

Jackson,  District  Township  of,  Purdham  v 71 

Jacoby  v.  Independent  District  of  Nodaway  Ill 

Jamison  v.  District  Township  of  Pittsford 75 

Jasper,  District  Township  of,  Thompson  v 85 

Jefferson,  District  Township  of,  Hays  v 96 

Jenkins  v.  Independent  District  of  Methodist  Grove 101 

Jewett  v.  Dilley  and  Board  of  Directors  of  Coif  ax 93 

Johnson  v.  District  Township  of  Monroe 31 

K. 

Kauffman  v.  District  Township  of  Fairfield 17 

Kennon,  Orme,  and  Bullock  v.  Independent  District  of  Nodaway  No.  4. .  100 
Klinginsmith,  Dunlavy  v 107 

L. 

Lester,  District  Township  of,  Sipple  v 47 

Liberty,  District  Township  of,  Rook  v 72 

Liberty,  Independent  District  of,  Buzard  v 95 

Lime  Creek,  District  Township  of,  Hubbard  v 77 

Lincoln,  District  Township  of,  Costing  v 78 

Lincoln,  District  Township  of,  Randall  v 82 

Lincoln,  District  Township  of,  Cormack  v 113 

Lodomillo,  District  Township  of,  Rankin  v 117 

M. 

Madison,  District  Township  of,  Davis  v 60 

Maine,  District  Township  of,  Crookshahk  v 86 

Manchester,  Independent  District  of,  v.  District  Township  of  Delaware.    17 


14  CONTENTS. 

Maquoketa,  District  Township  of,  Smitli  v 41 

Mason  v.  District  Township  of  Otter  Creek 18 

Massillon,  District  Township  of,  Hall  v 54 

Mclntosh  v.  District  Township  of  Galland's  Grove 29 

McNTeal  v.  Gary 92 

Methodist  Grove,  Independent  District  of,  Jenkins  v 101 

Miner  v.  District  Township  of  Cedar 51 

Moorman  v.  District  Township  of  Belmont 53, 

Monroe,  District  Township  of,  Johnson  v 31 

Monroe,  District  Township  of,  Clark  v 94 

Monroe,  District  Township  of,  Wilson  v 98 

Monroe,  District  Township  of,  Carmichael  v 114 

Mosalem,  District  Township  of,  District  Township  of  Washington  v 23 

N. 

Newell  v.  District  Township  of  Franklin 106 

Nodaway,  Independent  District  No.  4,  Kennon,  Orme  and  Bullock  v 100 

Nodaway,  Independent  District  of,  Jacoby  v ill 

0. 

Otter  Creek,  District  Township  of,  Mason  v 18 

P. 

Peebles,  Caldwell  v 63- 

Pittsford,  District  Township  of,  Jamison  v 75 

Pleasant,  District  Township  of,  Shore  v 81 

Purdham  v.  District  Township  of  Jackson 71 

R. 

Randall  v.  District  Township  of  Lincoln 82 

Rankin  v.  District  Township  of  Lodomillo 117 

Reed  v.  District  Township  of  Union 76 

Remington  v.  District  Township  of  Boomer 55 

Richland,  District  Township  of,  Brown  v 25 

Rickey  v.  District  Township  of  Wayne 97 

Rock,  District  Township  of,  Spinharney  v 108 

Rook  v.  District  Township  of  Liberty 72 

s. 

Salem,  District  Township  of,  Dobbins  and  Briggs  v 30 

Sharp  v.  District  Township  of  Walnut 21 

Shore  v.  District  Township  of  Pleasant 81 

Silver  Lake,  District  Township  of,  Colburn  v 119 


CONTENTS. 


15 


-Sipple  v.  District  Township  of  Lester 47 

Smith  v.  District  Township  of  Albion 26 

•Smith  v.  District  Township  of  Coffin's  Grove 37 

Smith  v.  District  Township  of  Maquoketa 41 

South  Fork,  District  Township  of,  Donald  v 110 

Spinharney  v.  District  Township  of  Kock 108 

Stapleton,  District  Township  of,  Harvey  v 59 

-Stine  v.  District  Township  of  Wahkonsa 28 

T. 

Taylor  v.  Independent  District  of  Eldon .- 65 

Thompson  v.  District  Township  of  Jasper 85 

Tracy,  Dougherty  v 34 

u. 

Union,  District  Township  of,  Reed  v 76 

V. 

Tan  Meter,  District  Township  of,  Brown  v 80 

W. 

Wahkonsa,  District  Township  of,  Stine  v 28 

Walnut,  District  Township  of,  Sharp  v 21 

Washington,  District  Township  of,  v.  District  Township  of  Mosalem. . .  23 

Washington,  District  Township  of,  Beard  v 66 

Washington,  District  Township  of,  Brewer  v 73 

Watson  v.  District  Township  of  Exira 67 

Wayne,  District  Township  of,  Rickey  v W 

West  Branch,  Independent  District  of,  Downs  and  Coffee  v 102 

West  Point,  District  Township  of,  Edwards  v 39 

Whitebreast,  District  Township  of,  Flynn  v 32 

Wilson  v.  District  Township  of  Monroe 98 

Woods  v.  District  Township  of  Brighton '. 87 

Wvacondah,  District  Township  of,  Hardy  v  89 


TJIIVBRSITY 


SCHOOL    LAW    DECISIONS. 


JACOB  KAOTMAX  v.  THE  DISTRICT  TOWXSHTP  OP  F  AIRFIELD. 
Appeal  from  Fayette  County. 

SUBDISTKICT.  A  snbdistrict  is  not  entitled  to  draw  money  from  the  dis- 
trict treasury  in  lieu  of  the  full  term  of  school  required  by  law. 

It  appears  from  the  record  of  proceedings  and  testimony  sent  up. 
that  the  district  hoard  authorized  said  suWistrict  to  hare  and  main- 
tain a  four  months'  term  of  school  in  the  year  1859,  but  that  the 
actually  held  under  this  authority  continued  but  three 
application  was  made  by  said  subdistnct  in  the 
to  have  the  term  for  the  year  last  named  which 
authorized  to  hold,  extended  one  month,  or  the  sum  of 
in  lieu  thereof — this  sum  having  heen  allowed 
the  same  township,  which  had  failed  to  hold  its  full  term  by 
month.  Upon  this  application  the  district  board  either  nerer  at 
or  acted  adversely  to  the  application.  The  minutes  of  the  board 
silent  upon  the  question.  There  is  some  evidence,  however. 
to  show  that  there  was  a  vote  taken  which  resulted  in  denying  the 
application. 

Upon  these  facts  the  county  superintendent  decided  that  said  appli- 
cation was  properly  denied,  and  in  this  opinion  I  unhesitatmgly  corn- 
cur.  AFFIRMED. 

rL  A.  WILTSE. 
Acting  Secretary  of  ike  Board  if 

November  ±.  1868. 


DISTRICT   OF    MANCHESTER    V.   DISTRICT   ToW3T5HTF  OF 

DELAWARE. 
Appeal  from  Delatcare  County. 

fter  a 

district  township,  and  the 
owing  by  the  district  prior 
a  new  board  of  one  o" 

The  district  of  Manchester  was  for  some  time  included  in  and  wm 
a  subdistrict  of  the  said  district  township  of  Delaware,    While  so  in- 

3 


18  SCHOOL  LAW  DECISIONS. 


J.  H.  Mason  v.  District  Township  of  Otter  Creek. 

eluded,  schools  were  taught,  taxes  levied  and  collected,  debts  incurred, 
and  funds  acquired.  When  Manchester  separated  from  Delaware 
district,  there  were  both  assets  and  liabilities  to  be  divided  and  paid. 
The  plan  adopted  in  reference  to  said  assets  and  debts  was,  that  each 
organization  should  pay  and  receive  thereof  an  amount  proportioned 
to  the  taxable  property  within  each.  This  plan  was  carried  into  effect 
and  the  debts  paid  and  the  assets  divided  accordingly.  Some  time 
after  this  agreement  had  been  made  and  carried  into  full  effect  without 
objection  or  complaint  by  either  party,  the  district  of  Manchester 
claimed  before  the  county  superintendent  of  Delaware  county  that  the 
assets,  which  consisted  of  money,  should  have  been  divided  in  propor- 
tion to  the  number  of  children  between  the  ages  of  five  and  twenty- 
one  years.  This  claim  was  entertained  by  the  county  superintendent, 
a  trial  was  had  arid  the  claim  sustained. 

We  cannot  see  how  the  county  superintendent  acquired  jurisdiction 
of  this  case.  "  Any  person  aggrieved,  etc.,"  says  the  law,  umay  ap- 
peal." But  in  this  case  there  was  no  person  aggrieved.  Two  parties 
equally  competent  to  contract,  make  and  fully  execute  a  contract. 
But  it  is  one  of  the  contracting  parties  that  so  becomes  dissatisfied, 
and  there  is  no  tribunal  that  can  listen  to  the  complaint  or  grant  re- 
lief. The  law  was  made  for  parties  who  had  no  voice  in  the  decision; 
not  certainly  for  parties  who  come  complaining  of  their  own  decisions. 

We  therefore  feel  compelled  to,  and  do  reverse  the  decision  of  the 
county  superintendent.  REVERSED. 

H.  A.  WILTSE, 
Acting  Secretary  of  the  Board  of  Education. 

November  5,  1862. 


J.  H.  MASON  v.  DISTRICT  TOWNSHIP  OF  OTTER  CREEK. 
Appeal  from  Linn  County. 

1.  APPEAL.    An  appeal  may  be  taken  at  any  time  within  thirty  days  from 
the  rendition  of  the  order  complained  of. 

2.  MOTION.    When  a  motion  to  dismiss  is  overruled  the  superintendent 
should  proceed  to  try  the  case  upon  its  merits. 

In  the  spring  of  1861  action  was  taken  by  the  board  of  directors  of 
said  district  township,  which  resulted  in  the  selection  of  a  site  for  a 
school-house  in  subdistrict  number  five  of  said  district  township. 

In  the  spring  of  1862  the  said  board  were  petitioned  for  a  reloca- 
tion of  said  site,  which  petition  was  denied,  and  from  this  denial  one 
of  the  petitioners,  Mr.  A.  Hagerman,  appealed  to  the  county  superin- 
tendent. 


SCHOOL  LAW  DECISIONS. 


O.  Deremo  v.  District  Township  of  Center. 


At  the  hearing  of  the  case  'by  the  county  superintendent,  the  appel- 
lant in  the  case  before  me  moved  to  dismiss  the  case  because  the 
appeal  had  not  been  taken  within  the  limit  of  time  fixed  by  the  stat- 
ute. How  Mr.  Mason  became  a  party  to  the  case  between  said 
Hagerman  and  said  district  nowhere  appears.  His  motion  to  dismiss. 
however,  was  based  upon  the  idea  that  the  action  of  said  board  in 
denying  the  relocation  prayed  for  could  not  be  appealed  from,  and 
that  the  appeal  was  in  fact  from  the  decision  of  the  board  ordering 
the  location  in  the  first  instance. 

Upon  this  motion  the  county  superintendent  held: 

1.  That  an  appeal  to  be  valid  must  be  -taken  within  thirty  days; 
and 

2.  That  the  appeal  before  him,  being  from  the  action  of  the  board 
denying  the  prayer  for  a  relocation,  had  been  taken  in  due  time. 

from  this  decision  Mr.  Mason,  a  stranger  to  the  case,  so  far  as  the 
record  shows,  appeals  to  me. 

The  motion  to  dismiss  was  properly  overruled,  and  the  action  of  the 
county  superintendent  in  that  behalf  must  be,  and  is  hereby  affirmed. 
The  appeal  was  manifestly  from  the  last  action  of  the  board,  that  had 
in  1862,  and  was  taken  in  due  time. 

Why  the  proceedings  before  the  county  superintendent  should  have 
ceased  upon  the  overruling  of  the  motion,  is  as  much  a  mystery,  from 
all  the  record  discloses,  as  how  Mr.  Mason  came  to  be  a  party  to  the 
case.  After  overruling  the  motion  the  superintendent  should  have 
gone  on  and  heard  the  testimony,  and  decided  whether  or  not  the  ac- 
tion of  the  board  denying  the  relocation  was  correct.  If  correct  he 
should  have  affirmed  it,  and  if  otherwise  he  should  have  reversed  it; 
and  this,  after  giving  the  parties  due  notice,  he  should  still  do. 

AFFIRMED. 
H.  A.  WILTSE, 
Acting  Secretary  of  the  Board  of  Education. 

November  5,  1862. 


0.  DEREMO  v.  DISTRICT  TOWNSHIP  OF  CENTER. 
Appeal  from  Allamakee  County. 

1  LIABILITY  OF  DISTRICT  BOARD.  Where  a  board  of  directors  refuse 
to  draw  an  order  on  the  treasurer  for  the  amount  of  a  judgment  obtained 
against  the  district,  and  therefore  a  judgment  is  obtained  against  the  indi- 
viduals composing  the  board,  the  claim  against  the  district  has  expired,  and 
the  board  then  has  no  power  to  draw  such  order. 

2.  A  board  of  directors  has  no  power  to  levy  a  tax  for  the  benefit  of  the 
school-house  fund,  unless  authorized  to  do  so  by  a  vote  of  the  e 

The  district  was  indebted  to  John  Stillman  for  building  a  school- 
house  in  subdistrict  number  four,  of  said  township,  tailing  m  pay- 


20  SCHOOL  LAW  DECISIONS. 


O.  Deremo  v.  District  Township  of  Center. 

ment,  Stillman  brought  suit  in  the  district  court  of  said  county,  and 
obtained  judgment  for  the  amount  of  his  claim.  At  a  subsequent  reg- 
ular meeting  of  the  electors  of  said  district  the  subject  of  this  judgment 
was  called  up,  and  the  electors  refused  to  make  any  provision  for  the 
payment  thereof.  Thereupon  Stillman  brought  suit  against  the  officers 
of  said  district  by  virtue  of  section  3276,  Revision  of  1860,  and  recov- 
ered a  judgment  against  them  in  their  individual  capacity.  No  date  is 
fiven  in  the  record  to  any  of  the  occurrences  above  named.  On  the 
th  of  June,  1862,  an  order  on  the  school-house  fund  was  drawn  by 
said  board  in  favor  of  Stillman,  and  delivered  to,  and  received  by  him 
for  the  amount  of  the  last  named  judgment  and  costs.  From  the  ac- 
tion of  the  board  an  appeal  was  taken  to  the  county  superintendent  of 
said  county.  On  the  30th  of  June,  1862,  the  said  board  levied  a  tax 
on  the  taxable  property  of  the  district  for  the  purpose  of  providing 
the  means  for  the  payment  of  said  order;  and  from  this  action  of  the 
board  an  appeal  was  likewise  taken  to  the  superintendent.  The  trial 
before  the  superintendent  resulted  in  his  sustaining  the  action  of  the 
board  on  the  6th  of  June,  and  reversing  that  had  on  the  30th  of  June. 
From  the  first  named  branch  of  his  decision  the  said  Deremo  appealed, 
and  from  the  last  branch  said  board  has  appealed  to  me.  The  re- 
fusal of  the  board  to  issue  an  order  had  rendered  the  individuals  com- 
posing the  board  amenable  to  a  judgment  at  the  suit  of  Stillman.  The 
fact  that  the  board  refused  a  demand  made  upon  it  to  draw  an  order 
for  the  amount  of  the  first  judgment,  and  that  it  was,  at  the  time  it  so 
refused,  in  its  power  to  have  done  so,  must  have  been  proved  in  court 
as  the  basis  of  the  second  judgment.  The  electors,  it  is  true,  refused 
to  authorize  the  board  to  levy  a  tax  for  the  purpose  of  paying  the  first 
judgment.  But  this  action  of  the  electors  did  not  stand  in  the  way  of 
the  board  drawing  the  order  and  thus  complying  with  the  positive  re- 
quirements of  section  3275,  Revision  of  I860.*  By  this  refusal  the 
judgment  creditor  is  put  to  the  trouble  and  expense  of  a  fresh  suit,  and 
the  demand  is  largely  increased. 

The  judgment  against  the  district  expired  with  the  rendition  of  the 
judgment  against  the  individual  members  of  the  board.  Stillman  had 
no  longer  a  claim  against  the  district.  The  board  has  not  and  should 
never  have  power  to  draw  an  order  upon  its  treasurer  for  any  other 
purpose  than  the  one  of  paying  an  indebtedness  of  the  district.  I  can 
see  110  difference  in  principle  between  this  case  and  one  where  the  board 
should  issue  an  order  to  pay  the  private  debt  of  any  one  or  all  the 
members  of  the  board.  The  judgment  was  neither  against  the  board 
nor  the  district,  but  against  certain  individuals.  These  individuals 
should  pay  the  judgment,  and  then  seek  relief,  so  far  as  they  are  en- 
titled to  any,  from  the  district,  or  at  the  hands  of  the  electors  when 
assembled  pursuant  to  law.  They  should  not  be  permitted  to  sit  as 
judges  in  their  own  case.  For  these  reasons  the  decision  of  the  county 
superintendent  sustaining  the  action  of  the  board  in  issuing  said  order 
is  reversed. 

That  part  of  the  decision  which  reversed  the  action  of  the  board  in 

*3049,  Code  1873. 


SCHOOL  LAW  DECISIONS. 


21 


Solomon  Sharp  v.  District  Township  of  Walnut. 


levying  a  tax  to  pay  said  order  was  undoubtedly  right.  The  board 
had  no  authority  of  law  upon  which  to  base  its  action.  First,  Mr. 
Stillman's  order  was  not  issued  to  pay  any  debt  against  the  district; 
and  second,  if  it  had  been,  it  was,  or  should  have  been,  an  order  on  the 
school-house  fund,  and  for  the  benefit  of  this  fund;  the  board  is  only 
at  liberty  by  law  to  make  a  levy  when  the  electors  have  by  vote  au- 
thorized it  to  do  so.  This  part  of  the  county  superintendent's  decision 
is,  therefore,  affirmed. 

AFFIRMED. 
H.  A.  WILTSE, 

Acting  Secretary  of -the  Board  of  Education. 
November  5,  1862. 


SOLOMON  SHARP  v.  DISTRICT  TOWNSHIP  OF  WALNUT. 
Appeal  from  Wayne  County. 

SUBDISTRICT  BOUNDARIES.  A  subdistrict  which,  prior  to  the  passage  of 
the  act  of  March  12, 1858,  was  composed  of  parts  of  two  or  more  civil  town- 
ships, cannot  be  dissolved  by  the  action  of  one  of  the  boards  of  directors 
interested. 

At  the  time  the  act  of  March  12,  1858,  took  effect,  there  existed  in 
said  county  a  school  district  organized  in  pursuance  of  the  law  before 
that  time  in  force,  composed  of  territory  lying  partly  in  Jackson  town- 
ship and  partly  in  Walnut  township.  This  district  contained  a  school- 
house  in  actual  use,  situated  in  that  part  of  the  district  lying  in  Walnut 
township.  After  the  passage  of  said  act  this  district  became  subdistrict 
number  two  of  Walnut  township. 

In  September,  1862,  the  district  board  of  Walnut  divided  their  town- 
ship into  subdistricts,  and  in  this  division  disregarded  the  district  first 
above  named,  attaching  so  much  thereof  as  lay  in  Walnut  township, 
part  to  one  and  part  to  another  subdistrict. 

From  this  action  an  appeal  was  taken  to  the  county  superintendent, 
who  reversed  the  same,  and  his  decision  is  the  matter  complained  of  in 
the  appeal  to  me. 

The  law  provides  two  contingencies,  upon  the  happening  of  either 
of  which  a  district  of  this  character  shall  cease;  and  it  further  provides 
two  modes  for  abrogating  the  district — by  petition  and  by  concurrent 
action  of  the  two  boards.  Neither  of  these  contingencies  has  hap- 
pened, and  no  petition  was  presented.  Hence  the  only  question  is 
whether  the  board  of  Jackson  township  concurred. 

To  establish  the  fact  of  this  concurrence  the  appellant  relies  upon  a 
certificate  by  the  secretary  of  the  board  last  named,  of  which  the  fol- 
lowing is  a  copy: 


22  SCHOOL  LAW  DECISIONS. 


Solomon  Sharp  v.  District  Township  of  Walnut. 

u  This  is  to  certify  that  at  a  meeting  of  the  directors  of  school  dis- 
trict township  of  Jackson,  in  Wayne  county,  Iowa,  held  at  the  house 
of  James  Campbell  on  September  15,  1862,  the  directors  ordered  the 
township  of  Jackson  to  be  divided  into  three  subdistricts. 

JAMES  CAMPBELL, 
Secretary  of  the  Board" 

The  certificate  was  objected  to  and  rejected  at  the  trial  below,  be- 
cause it  was  a  statement  by  Mr.  Campbell  as  to  what  the  board  had 
done;  because,  to  be  evidence,  it  should  have  been  a  copy  from  the 
records  of  the  board,  certified  to  as  such  by  the  secretary.  This  objec- 
tion was  well  taken  and  the  ruling  upon  it  was  correct. 

Were  the  certificate  legal  evidence  it  does  not  show  concurrence;  it 
simply  asserts  that  the  directors  of  Jackson  township  ordered  the 
township  divided  into  three  subdistricts.  This  might  have  been  both 
ordered  and  executed  without  interfering  with  or  in  any  way  disturb- 
ing the  district  first  above  named.  If  it  was  in  fact  the  intention  of 
the  board  of  Jackson  township  to  concur  in  abrogating  the  district  first 
above  named,  and  to  absorb  as  much  of  the  territory  thereof  as  lay  in 
Jackson  township,  such  intention  is  not  shown. 

This  certificate  is  all  the  testimony  contained  by  the  record  as  even 
tending  to  show  concurrence  on  the  part  of  the  district  board  of  Jack- 
son township,  and  there  is  no  evidence  that  the  people  residing  in 
Jackson  township  and  within  the  limits  of  the  district  first  above 
named  desire  any  change  whatever. 

We  pass  over  the  paper  purporting  to  show  concurrence  by  the  dis- 
trict board  of  Monroe  township,  because  it  has  nothing  to  do  with,  and 
has  no  bearing  whatever  upon  the  case. 

It  was  claimed  before  the  county  superintendent  that  the  district 
first  above  named  was  a  permanent  district,  not  subject  to  be  changed, 
except  done  in  accordance  with  the  act  approved  January  24,  1863, 
chapter  101,  page  157,  of  the  acts  of  our  fourth  general  assembly. 
This  is  a  mistake.  It  is  subject  to  be  changed  in  accordance  with  the 
laws  now  in  force. 

Section  78,  of  the  laws  of  the  ninth  general  assembly,  page  219, 
governs  this  case.  The  old  district  existed  prior  to  the  taking  effect  of 
the  act  of  the  12th  of  March,  1858,  and  possessed  a  school-house  which 
had  not  been  destroyed,  removed  or  abandoned. 

Under  these  facts  the  old  district,  with  the  boundaries  as  they  existed 
at  the  time  the  act  of  March  12,  1858,  took  effect,  must  remain  a  sub- 
district  of  Walnut  township  (in  which  the  school-house  is  situated), 
until  changed  in  pursuance  of  law. 

AFFIRMED. 
H.  A.  WILTSE, 
Acting  Secretary  of  the  Board  of  Education. 

December  20,  1862. 


SCHOOL  LAW  DECISIONS. 


23 


District  Township  of  Washington  v.  District  Township  of  Mosalem. 


DISTRICT  TOWNSHIP  OF  WASHINGTON  v.  DISTRICT  TOWNSHIP  OF 

MOSALEM. 

Appeal  from  Dubuque  County. 

PROCEEDINGS:  Regularity  of  ,  presumed.  When  the  district  township 
records  show,  that  for  a  number  of  consecutive  years,  the  children  of  certain 
congressional  divisions  of  land,  have  been  enumerated,  and  have  attended 
school  in  a  certain  district  township,  and  no  objections  have  been  raised  it 
will  be  presumed  that  the  territory  is  regularly  attached  to,  and  forms  a  part 
of  said  district  township. 

The  appellant,  in  his  capacity  of  president  of  Washington  township 
in  Dubuque  county,  Iowa,  claims  in  this  case  that  Washington  town- 
ship is  entitled  to  certain  school  moneys  which  have  been  or  are  about 
to  be  paid  over  to  Mosalem  township  in  said  county.  He  alleges  that 
subdistrict  number  seven  of  Washington  township  embraces  parts  of 
Mosalem,  Washington,  and  Table  Mound  townships,  in  said  county, 
and  that  the  school-house  for  this  district  is  in  Washington  township; 
that  this  district  was  organized  as  far  back  as  1849,  and  has  ever  since 
been  an  organized  and  existing  district,  and  that  it  is  now  a  subdistrict 
in  Washington  township  by  virtue  of  section  78  of  the  present  school 
law. 

The  existence  of  this  district,  or  rather  of  any  part  of  the  district 
within  Mosalem  township  at  the  time  the  act  of  March  12,  1858,  took 
effect  (the  criterion  by  which  appellant's  claim  is  to  be  judged),  is 
denied  by  appellee,  and  is  the  only  issue  in  the  case. 

The  claim  for  the  moneys  in  question  was  rejected  by  the  district 
township  of  Mosalem,  and  this  action  was  sustained  by  the  county 
superintendent  of  Dubuque  county,  on  the  ground  that  the  evidence 
produced  upon  the  trial  before  him  did  not  show  the  time  and  manner 
of  the  organization  of  said  district  -number  seven.  He  concluded  that 
unless  the  original  organization  was  shown  to  have  been  legal,  the 
plaintiff's  case  must  fail.  The  facts  not  having,  in  his  judgment,  been 
established  by  competent  testimony,  he  found  for  the  defendant. 

That  the  superintendent  was  mistaken  in  the  view  he  took  of  the 
law  was  most  obvious.  Under  the  issue  made,  the  only  question  for 
him  to  have  investigated,  was  whether  at  the  time  the  act  of  March 
12,  1858,  took  effect,  the  district  in  question  existed  and  had  a  school- 
house  which  had  not  been  destroyed,  removed  or  abandoned.  Nor  was 
record  evidence  (as  assumed  by  the  superintendent)  the  only  testimony 
receivable  to  establish  this  fact. 

The  superintendent  made  up  his  transcript  prior  to  the  distribution 
of  our  pamphlet  upon  appeal.  This  accounts  for  and  perhaps  excuses 
him  for  sending  up,  in  place  of  the  testimony,  simply  a  commentary 
upon  the  oral  testimony  produced  before  him.  Enough  is  sent  up, 
however,  to  show  that  this  district,  embracing  the  half  section  of 


24  SCHOOL  LAW  DECISIONS. 


District  Township  of  Washington  v.  District  Township  of  Mosalem. 

Mosalem  township,  claimed  to  be  a  part  thereof,  existed  long  prior  to 
and  at  the  time  of  the  taking  effect  of  the  act  of  March  12,  1858,  and 
that  it  had  a  school-house  in  actual  use. 

The  record  of  said  district  number  seven  —  dating  back  to  1849  — 
shows  that  gentlemen  who  were  admitted  in  the  argument  before  me 
to  have  been  at  the  time  residents  upon  said  half  section,  were  in  the 
years  1849,  1851,  1853,  1855  and  1857  members  of  the  board  of  direc- 
tors of  said  district  number  seven. 

This-  record  further  shows  that  for  the  years  1860  and  1861  the  chil- 
dren of  residents  upon  this  half  section  were  enumerated  as  being  in- 
cluded within  said  district. 

This  record  further  shows  that  there  has  been  a  school  taught  in 
said  district,  at  which  the  children  of  residents  upon  said  half  section 
have  been  taught,  ever  since  the  year  1849. 

It  appears  by  the  record  of  the  county  superintendent  of  Dubuque 
county,  Iowa  (which  with  the  record  above  referred  to  were  in  evi- 
dence before  the  county  superintendent  and  came  up  with  the  case), 
that,  in  the  year  1860,  when  the  boundaries  of  this  and  many  other 
subdistricts  were  by  superintendent  Mason  for  the  first  time  recorded, 
this  half  section  formed,  and  had  before  that  time  formed,  a  part  of 
the  district  in  question. 

The  county  superintendent,  in  his  transcript  in  this  case,  names  four 
witnesses,  the  effect  of  whose  testimony,  as  found  and  reported  by  him, 
was  that  said  district  number  seven  was  composed  in  part  of  said  half 
section  in  Mosalem  township  more  than  ten  years  ago,  and  had  always, 
up  to  1860,  received  the  money  arising  from  school  taxes  levied  upon 
this  half  section.  And  this  testimony  stands  uncontradicted. 

From  all  this  testimony,  and  which  is  unopposed  by  anything 
brought  forward  by  defendant,  we  can  but  conclude,  and  do  most 
unhesitatingly  pronounce  the  south  half  of  section  thirty-one,  in  town- 
ship  eighty-eight,  of  range  three,  east  of  the  fifth  principal  meridian, 
in  the  township  of  Mosalem,  in  the  county  of  Dubuque  and  state  of 
Iowa,  formed  a  part  of  subdistrict  numbered  seven,  in  Washington 
township,  in  said  county,  at  the  time  the  act  of  March  12,  1858,  took 
effect;  and  that  it  is  still  a  part  of  said  district.  1  am,  therefore,  com- 
pelled to  reverse,  and  do  hereby  reverse  the  finding  and  decision  in  this 
case  of  the  county  superintendent  of  Dubuque  county. 

REVERSED. 
H.  A.  WILTSE, 
Acting  Secretary  of  Board  of  Education. 


SCHOOL  LAW  DECISIONS.  25 

Jane  Brown  v.  District  Township  of  Richland. 

JANE  BROWN  v.  DISTRICT  TOWNSHIP  OF  RICHLAND. 
Appeal  from  Tama  County. 

1.  SUBDISTRICT  BOUNDARIES  ;  Change  of.    In  changing  subdistrict  boun- 
daries, both  the  present  and  the  future  welfare  of  the  district  should  be  con- 
sidered. 

2.  SUBDISTRICT.    It  is  better  to  have  large  subdistricts  with  good  school- 
houses  well  furnished,  than  small  subdistricts'  with  small  and  poorly  fur- 
nished school-houses. 

The  board  of  said  district  township,  at  their  regular  meeting  in 
September,  1864,  changed  the  boundaries  of  certain  subdistricts, 
whereby  subdistrict  number  seven  and  a  portion  of  subdistrict  number 
one,  were  attached  to  subdistrict  number  five. 

From  this  order  of  the  board  an  appeal  was  taken  to  the  county 
superintendent  who,  after  a  full  and  fair  investigation  of  the  case,  sus- 
tained the  action  of  the  board.  From  his  decision  an  appeal  is  brought 
to  the  superintendent  of  public  instruction. 

It  is  not  claimed  that  either  the  board  of  directors  or  the  county 
superintendent  committed  errors  in  law  or  exceeded  their  jurisdiction. 
Everything  seems  to  have  been  done  fairly  and  openly,  and  a  final 
decision  of  the  case  is  asked  for  solely  on  the  ground  of  equity  and  jus- 
tice. 

Appellants  claim  that  subdistrict  number  seven  has  a  good  school 
of  thirty-four  scholars,  and  that  by  the  proposed  change,  three-fourths 
of  these  pupils  will  be  cut  off  from  school  privileges  in  consequence 
of  their  distance  from  the  proposed  site  of  the  new  school-house. 

But  it  is  shown  by  testimony  that  by  building  a  bridge  across  a  cer- 
tain stream  the  distance  will  be  diminished,  so  that  all  parties  will  be 
accommodated.  But  there  is  no  assurance  in  the  record  before  us  that 
the  bridge  will  be  built  this  year  or  next.  Meanwhile  a  large  number 
of  children  may  be  deprived  of  school.  As  a  general  rule  it  is  better 
to  have  large  subdistricts  with  good  school-houses  well  furnished,  than 
to  have  small  subdistricts  with  small  and  poorly  furnished  school- 
houses. 

We  believe  the  board  had  in  view  the  welfare  of  the  whole  district, 
as  did  also  the  county  superintendent  in  confirming  their  action,  but 
we  can  see  no  injustice  in  this  case  in  allowing  the  subdistricts  to 
remain  another  year  without  change,  or  until  the  proposed  bridge  is 
built.  The  reason  for  consolidating  the  subdistricts  now  will  prob- 
ably exist  then,  and  the  occasion  for  complaint  will  then  be  removed. 

In  this  view  of  the  case  we  feel  compelled  to  reverse  the  decision  of 
the  county  superintendent. 


Superintendent  of  Public  Instruction. 
March  1,  1865. 
4 


26  SCHOOL  LAW  DECISIONS. 


Sarah  E.  Smith  v.  District  Township  of  Albion. 

SARAH  E.  SMITH  v.  DISTRICT  TOWNSHIP  OF  ALBION. 
Appeal  from  Howard  County. 

TEACHERS:  Right  of,  to  inflict  punishment  upon  their  pupils.  A  school- 
master who  stands  in  loco  parentis  may,  in  proper  cases,  inflict  moderate  and 
reasonable  chastisement.  The  law  confides  to  teachers  a  discretionary 
power  in  the  infliction  of  punishment  upon  their  pupils,  and  will  not  hold 
them  responsible  criminally,  unless  the  punishment  be  such  as  to  occasion 
permanent  injury  to  the  child,  or  be  inflicted  merely  to  gratify  their  own 
evil  passions. 

The  record  in  this  case  shows  that  the  plaintiff,  Sarah  E.  Smith, 
entered  into  a  contract  with  the  subdirector  of  subdistrict  number  two 
in  said  district  township,  to  teach  a  school  for  four  months,  commen- 
cing on  the  19th  of  December,  1864.  That  she  commenced  her 
school  accordingly,  and  taught  until  the  30th  of  January,  1865.  That 
on  the  29th  of  January  she  was  notified  to  meet  the  board  of  directors 
to  answer  to  the  charge  of  undue  severity  in  chastising  one  of  her 
pupils;  that  she  attended  the  meeting  of  the  board  and  made  her  de- 
fense, but  the  board  decided  to  expel  her  from  her  school,  paying  her 
for  the  time  she  had  taught.  From  this  action  of  the  board  she  ap- 
pealed to  the  county  superintendent,  who  reversed  the  order  of  the 
board,  and  from  the  decision  of  the  county  superintendent  an  appeal 
is  brought  to  the  superintendent  of  public  instruction. 

It  is  claimed  on  the  part  of  the  board  that  the  county  superintend- 
ent had  no  jurisdiction,  and  that  he  erred  in  entertaining  the  appeal 
and  reversing  the  order  of  the  board;  but  having  gone  to  trial  before 
the  county  superintendent,  and  having  submitted  the  case,  after 
making  their  defense,  they  cannot  now  plead  want  of  jurisdiction. 

The  testimony  shows  that  the  pupil,  a  boy  of  some  twelve  years  of 
age,  did  not  like  the  seat  assigned  him  by  the  teacher,  and  asked  per- 
mission to  go  out,  which  was  given;  that  he  started  toward  home;  that 
the  teacher  called  to  him  to  come  back,  threatening  to  punish  him  if 
he  disobeyed;  that  he  went  home  and  remained  out  of  school  about  a 
week;  that  at  the  close  of  the  school  on  the  day  he  returned  the 
teacher  reminded  him  of  the  punishment  threatened,  and  proceeded  to 
administer  it,  striking  him  over  the  shoulders  and  back  with  a  whip 
furnished  by  one  of  the  pupils;  that  the  boy  resisted,  striking  back, 
snatching  away  the  whip,  and  using  bad  language;  that  the  teacher 
obtained  another  whip  —  a  willow  switch  —  arid  administered  several 
strokes  with  it,  some  of  which  were  across  his  head  and  face,  in  conse- 
quence of  which  one  of  the  boy's  eyes  was  apparently  injured.  An 
older  brother  of  the  boy  then  interfered,  and  the  "  affray  ended." 

It  does  not  appear  that  the  teacher  punished  hastily  or  in  anger,  or 
that  it  would  have  been  too  severe,  or  improperly  administered,  had 
the  boy  not  resisted.  It  is  doubtful  whether  the  resistance  justified 
the  teacher  in  striking  the  boy  across  the  head  and  thereby  causing  an 


SCHOOL  LAW  DECISIONS.  27 


Sarah  E.  Smith  v.  District  Township  of  Albion. 

injury — fortunately  temporary — to  one  of  his  eyes.  The  county  super- 
intendent regarded  this  as  accidental,  and  as  no  permanent  injury  was 
sustained,  justified  the  teacher. 

Much  has  been  written  during  the  last  twenty-five  years  in  regard 
to  the  proper  means  to  be  used  for  maintaining  the  authority  of  the 
teacher  over  the  pupils.  We  can  remember  when  the  whip  was  ap- 

Elied  very  frequently  and  very  severely — when  the  pupil  obeyed  from 
3ar  of  punishment,  and  not  from  any  sense  of  duty  or  of  respect  for 
authority.  Since  that  time  there  has  been  a  great  change;  appeals  to 
reason,  to  a  sense  of  duty  and  to  right  have  been  successfully  used  by 
the  most  competent  teachers.  In  many  schools  the  rod  is  excluded, 
and  yet  ready  and  cheerful  obedience  is  secured  from  the  pupils.  We 
wish  such  a  result  could  be  reached  in  all  the  schools;  that  the  teacher 
could  inspire  the  pupils  with  such  a  love  for  order — for  good  govern- 
ment and  for  rightful  authority;  with  such  a  love  for  right-doing  and 
such  a  hate  for  wrong-doing,  that  it  would  only  be  necessary  to  point 
out  the  path  of  duty  instead  of  the  command  to  walk  in  it.  While 
family  government  and  the  public  sentiment  of  some  communities 
may  render  such  a  course  possible,  the  want  of  family  government  and 
the  loose  reins  given  to  "  Young  America,"  in  many  communities  re- 
quire strong  and  physical  force  to  hold  in  subjection  unsubdued 
nature. 

All  admit  that  the  teacher  must  maintain  authority,  and  for  that 
purpose  he  is  sustained  by  the  highest  authorities  in  inflicting  mode- 
rate punishment. 

In  Kent's  Commentaries,  9th  edition,  volume  2,  page  222,  is  the  fol- 
lowing: "  A  school-master  who  stands  in  loco  parentis,  may  in  proper 
cases  inflict  moderate  and  reasonable  chastisement.'" 

In  Wharton's  American  Criminal  Law,  5th  edition,  volume  1,  page 
669,  is  the  following: 

uThe  law  confides  to  school-masters  and  teachers  a  discretionary 
power  in  the  infliction  of  punishment  upon  their  pupils,  and  will  not 
held  them  responsible  criminally,  unless  the  punishment  be  such  as 
to  occasion  permanent  injury  to  the  child,  or  be  inflicted  merely  to 
gratify  their  own  evil  passions."  State  v.  Pendergrass,  2  Dev.  &  Bat., 
407. 

"  On  the  trial  of  an  indictment  of  a  school-master  for  an  assault  on 
a  pupil  the  judge  refused  to  instruct  the  jury  that  the  defendant  was 
criminally  liable  for  punishing  a  pupil  only  when  he  acted  malo 
ammo,  from  vindictive  feeling,  passion,  or  ill-will,  or  inflicted  more 
punishment  than  was  necessary  to  secure  obedience,  and  not  for  error 
of  opinion  or  judgment,  provided  he  was  governed  by  an  honest  pur- 
pose to  promote  discipline  and  the  highest  welfare  of  the  school,  and 
the  best  interests  of  the  child;  and  instructed  them  that  in  inflicting 
corporal  punishment  a  teacher  must  exercise  reasonable  judgment  and 
discretion,  and  be  governed  as  to  the  mode  and  severity  of  the  punish- 
ment by  the  nature  of  the  offense,  the  age,  size,  and  apparent  powers 
of  endurance  of  the  pupil."  Commonwealth  v.  Randall  4  Gray  (Mass.), 
36. 


28  SCHOOL  LAW  DECISIONS. 


D.  E.  Stine  v.  District  Township  of  Wahkonsa. 

"  If  there  is  any  reasonable  doubt  that  the  punishment  was  excessive 
the  master  should  have  the  benefit  of  it."  Lander  v.  Seaver,  32  Vt. 
(3  Shaw),  114. 

We  add  the  following  as  having  some  bearing  on  this  case: 

"  Though  a  school-master  has  in  general  no  right  to  punish  a  pupil 
for  misconduct  committed  after  the  dismissal  of  a  school  for  the  day, 
and  the  return  of  the  pupil  to  his  home,  yet  he  may,  on  the  pupil's 
return  to  school,  punish  him  for  any  misbehavior,  though  committed 
out  of  school,  which  has  a  direct  and  immediate  tendency  to  injure  the 
school  and  to  subvert  the  master's  authority."  Lander  v.  Seaver, 
supra. 

Many  other  authorities  might  be  cited  establishing  the  authority  of 
the  teacher  to  inflict  punishment  necessary  for  securing  obedience  to 
reasonable  rules.  As  it  is  not  shown  in  this  case  that  the  rules  were 
unreasonable  or  the  punishment  severe  (the  teacher  must  have  the 
benefit  of  the  doubt  in  regard  to  the  manner  of  punishing),  the  decis- 
ion of  the  county  superintendent  is 

AFFIRMED. 
ORAN  FAV1LLE, 
Superintendent  of  Public  Instruction. 

April  22,  1865. 


D.  E.  STINE  v.  DISTRICT  TOWNSHIP  OF  WAHKONSA. 

Appeal  from  Webster  County. 
RECORDS  :    Defective.    May  be  amended. 

The  board  of  supervisors  of  said  county  at  their  regular  meeting  in 
January,  1865,  set  off  certain  territory  from  the  township  of  Wash- 
ington to  the  township  of  Wahkonsa.  On  the  28th  day  of  the  same 
month  the  board  of  directors  of  the  district  township  of  Wahkonsa 
made  an  order  conforming  the  boundary  of  said  district  township  to 
that  of  the  civil  township,  and  attaching  the  annexed  territory  to  sub- 
district  number  one,  of  the  said  district  township.  From  this  order 
an  appeal  was  taken  to  the  county  superintendent,  who  reversed  the 
action  of  the  board,  and  from  his  decision  the  board  appeals. 

The  only  point  in  issue  in  this  case  is  whether  the  board  complied 
with  the  law  in  changing  the  boundaries  of  the  district. 

The  record  of  the  board  is  defective  in  not  more  particularly  de- 
cribing  the  territory  in  question  and  in  not  having  a  plat  showing  the 
change  of  boundaries.  The  record,  however,  shows  that  provision  was 
made  for  furnishing  such  a  plat,  and  that  the  board  had  attempted  in 
good  faith  to  regulate  the  boundaries  of  the  district  in  accordance  with 
a  petition  of  the  people  to  the  board  of  supervisors. 


SCHOOL  LAW  DECISIONS.  29 


John  A.  Mclntosh  v.  District  Township  of  Galland's  Grove. 

The  law  does  not  limit  the  time  within  which  the  plat  shall  be  made 
and  recorded,  and  as  alterations  in  district  boundaries  do  not  take  effect 
until  the  first  Monday  in  March,  the  board  should  have  until  that  time 
to  complete  their  records. 

The  county  superintendent  decides  that  the  board  acted  in  good 
faith  and  for  the  best  interests  of  the  public;  and  we  think  he  should 
have  allowed  the  board  to  correct  and  perfect  the  district  records. 

REVERSED. 
ORAN  FAVILLE, 
Superintendent  of  Public  Instruction. 
June  12,  1865. 


A.  MclNTosH  v.  DISTRICT  TOWNSHIP  OF  GALLAND'S  GROVE. 
Appeal  from  Shelby  County. 

SCHOOL-HOUSE:  Power  of  the  board  to  build.  If  in  their  judgment  the 
wants  of  a  subdistrict  require,  the  board  are  empowered  to  erect  a  school- 
house  without  action  on  the  part  of  the  electors  of  the  subdistrict. 

The  plaintiff  appeals  from  the  action  of  the  board  of  directors,  in 
approving  a  contract  for  building  a  school-house  in  the  subdistrict  of 
which  the  plaintiff  is  a  resident,  for  the  following  reasons : 

1.  •"  The  house  was  ordered  to  be  built  against  the  wishes  of  a  ma- 
jority of  the  electors  of  said  subdistrict.1' 

2.  UA  house  was  already  leased  for  school  purposes,  and  there  was 
no  need  of  a  new  house." 

The  county  superintendent  investigated  the  case  and  set  aside  the 
action  of  the  board  in  the  premises,  and  from  this  decision  the  board 
appeals. 

The  record  shows  that  a  lease  was  executed  in  February,  1863,  for 
the  use  of  a  house  for  school  purposes  in  said  subdistrict  for  five  years. 
This  contract  was  signed  by  the  lessor  and  the  subdirector;  but  there 
is  no  evidence  that  it  was  approved  by  the  board  or  signed  by  its  presi- 
dent. No  objection,  however,  seems  to  have  been  made  to  the  lease  on 
this  account.  Strict  construction  of  the  law,  however,  would  not  con- 
sider this  a  valid  lease. 

At  the  annual  meeting  of  the  electors  in  said  subdistrict  in  1864,  a 
resolution  was  adopted  requesting  the  district  township  meeting  to 
levy  a  tax  of  five  mills  on  the  township  for  the  purpose  of  building  a 
school-house  in  said  subdistrict.  It  seems  that  no  action  was  taken 
by  the  board  that  year;  but  at  its  regular  meeting  in  April,  1865,  the 
board  authorized  the  building  of  a  school-house  in  said  subdistrict, 
although  no  action  was  taken  by  the  electors  at  their  annual  meeting 
in  March  previous. 


30  SCHOOL  LAW  DECISIONS. 


Dobbins  and  Briggs  v.  District  Township  of  Salem. 

The  superintendent  reversed  the  action  of  the  board  for  the  follow- 
ing reasons: 

1.  The  board  has  no  right  to  build  a  school-house  unless  asked  to 
do  so  by  the  electors  of  the  subdistrict. 

2.  The  subdistrict  in  question  had  a  house  leased  for  school  pur- 
poses for  a  term  of  years. 

3.  The  district  has  no  right  to  force  a  house  upon  a  subdistrict. 
The  first  and  second  positions  of  the  superintendent  are  not  well 

taken ;  for  the  evidence  shows  that  the  electors  in  1864  did  request  a 
tax  to  build  a  house,  as  the  request  was  not  withdrawn  in  1865,  it  was 
still  before  the  board;  second,  admitting  that  the  lease  was  valid,  the 
circumstances  of  the  subdistrict  may  have  changed  so  as  to  require  a 
new  house,  and  this  may  be  inferred  from  the  fact  that  a  tax  was  re- 
quested in  1864. 

His  third  proposition  may,  as  a  general  rule,  hold  true.  Yet  there 
are  cases  where  the  electors  of  a  district  township  would  doubtless  be 
justified  in  voting  a  tax  to  build  a  house  in  a  subdistrict  not  requesting 
it.  There  may  possibly  be  communities  feeling  so  little  interest  in  the 
education  of  their  children  that  they  are  not  willing  to  bear  a  share  of 
the  expenses  necessary  to  maintain  schools.  In  such  cases  there  should 
be  a  power  somewhere  to  see  that  schools  are  provided,  and  that  power 
must  rest  with  a  majority  of  the  electors  of  the  district  township  and 
with  the  board  of  directors. 

In  the  above  case  we  feel  compelled  to  differ  with  the  county  super- 
intendent, and  his  decision  is 

REVERSED. 
ORAN  FAVILLE, 
Superintendent  of  Public  Instruction. 

November  15,  1865. 


DOBBINS  AND  BRIGGS  v.  DISTRICT  TOWNSHIP  OF  SALEM. 
Appeal  from  Henry  County. 

1.  APPEAL.    An  appeal  will  not  lie  from  an  order  of  a  board  of  directors 
initiating  a  change  in  the  boundaries  of  the  district  township,  where  the 
concurrence  of  the  board  of  an  adjoining  district  township  is  necessary  to 
effect  the  change. 

2.  JURISDICTION.     The  superintendent's  jurisdiction  on  appeal  is  not 
greater  than  that  of  the  board  from  whose  action  the  appeal  is  taken. 

In  January,  1866,  the  appellees  and  others  presented  a  petition  to 
said  board,  requesting  a  change  in  the  boundaries  of  said  district  town- 
ship, so  that  certain  residents  therein  might  be  set  off  to  the  independ- 
ent district  of  Salem. 


SCHOOL  LAW  DECISIONS. 


C.  W.  Johnson  v.  District  Township  of  Monroe. 


The  board  decided  not  to  grant  the  request  of  petitioners,  from 
which  decision  an  appeal  was  taken  to  the  county  superintendent,  who, 
after  a  protracted  and  patient  investigation,  reversed  the  decision  of 
the  board,  and  ordered  changes  to  be  made  in  the  boundaries  of  the 
district  township,  by  which  certain  territory  was  transferred  to  the 
independent  district,  and  from  his  decision  an  appeal  is  taken  to  the 
superintendent  of  public  instruction. 

This  is  an  interesting  case  from  the  fact  that  it  presents  a  question 
not  before  determined,  to-wit:  whether  the  county  superintendent  has 
jurisdiction  in  a  matter  requiring  the  concurrent  action  of  different 
school  boards.  If  this  question  is  answered  in  the  affirmative,  then 
the  various  points  raised  by  counsel  must  be  examined,  and  the  case 
must  be  determined  on  its  merits;  but  if  answered  in  the  negative  110 
discussion  of  the  various  issues  raised  is  necessary. 

It  has  heretofore  been  held,  and  is  still  held,  that  the  county  super- 
intendent has  authority  to  affirm  or  reverse  the  action  of  school  boards 
in  changing  the  boundaries  of  subdistricts;  but  all  cases  of  this  kind 
hitherto  determined  have  been  confined  to  the  action  of  boards  affect- 
ing territory  within  their  respective  district  townships.  The  present 
case  relates  to  the  transfer  of  territory  from  the  district  township,  un- 
der the  control  of  one  board,  to  the  independent  district  under  the 
jurisdiction  of  another  board.  The  cases  are  not  analogous.  In  the 
former  case  the  board  has  complete  authority,  and  the  action  taken  is 
final  unless  reviewed  within  a  limited  time;  but  in  the  latter  case,  one 
board  initiates  a  movement  which  is  completed  or  not  at  the  option  of 
another  board.  In  other  words,  neither  board  has  complete  jurisdic- 
tion; and  it  necessarily  follows  that  the  county  superintendent,  having 
•only  appellate  jurisdiction,  cannot  assume  original  jurisdiction  and  do 
what  the  board  could  not  do  from  whose  action  the  appeal  was  taken. 

Having  arrived  at  this  conclusion,  in  which  we  are  sustained  by  the 
attorney-general,  we  feel  obliged  to  disagree  with  the  county  superin- 
tendent, and  his  decision  is  therefore 

REVERSED. 
ORAN  FAVILLE, 
Superintendent  of  Public  Instruction. 

July  23,  1866. 


C.  W.  JOHNSON  v.  DISTRICT  TOWNSHIP  OF  MONROE. 
Appeal  from  Madison  County. 

SCHOOL-HOUSE  TAX.  Where  it  has  been  the  uniform  custom  to  apportion 
the  school-house  tax  among  the  several  subdistricts,  the  board  are  not  gov- 
erned by  a  vote  of  the  electors  instructing  them  to  levy  the  tax  directly  upon 
the  property  of  a  subdistrict. 

In  April,  1866,  the  board  of  directors  of  said  district  township  de- 
cided to  levy  a  tax  for  building  a  school-house  in  subdistnct  number 


32  SCHOOL  LAW  DECISIONS. 


C.  D.  Flynn  v.  The  District  Township  of  Whitebreast. 

one,  on  the  property  of  said  subdistrict,  instead  of  apportioning  it 
among  the  several  subdistricts.  From  this  decision  an  appeal  was 
taken  to  the  county  superintendent,  who  reversed  the  action  of  the 
board,  and  from  his  decision  an  appeal  is  brought  to  this  office. 

The  evidence  shows  conclusively  that  it  has  not  been  the  custom  for 
each  subdistrict  to  build  its  own  school-house,  and  the  only  reason  the 
board  can  assign  for  its  action  is  an  expression  of  the  electors  of  the 
district  township  that  hereafter  each  subdistrict  be  required  to  build 
its  own  school-house. 

The  law  is  plain  and  positive  on  this  subject,  and  it  is  extremely 
doubtful  whether  the  electors  can  instruct  the  board  to  pursue  a  course 
contrary  to  that  laid  down  in  the  law.  If  such  a  vote  of  the  electors 
is  binding  at  all  on  the  board,  it  should  be  a  unanimous  vote  of  all  the 
electors  of  the  district  township;  and  even  then  the  board  would  not 
be  justified  in  acting  contrary  to  justice  and  equity. 

The  county  superintendent  in  his  decision  says:  uThe  board  of 
directors,  therefore,  should  have  apportioned  the  amount  necessary  to 
build  a  school-house  in  subdistrict  number  one  among  the  several  sub- 
districts,  taking  as  a  basis  of  apportionment  the  amounts  previously 
levied  on  said  subdistricts,  for  school-house  fund." 

I  entirely  agree  with  the  county  superintendent,  and  his  decision  is 

AFFIRMED. 
ORAN  FAVILLE, 
Superintendent  of  Public  Instruction. 

August  10,  1866. 


C.  D.  FLYNN  v.  THE  DISTRICT  TOWNSHIP  OF  WHITEBREAST. 
Appeal  from  Lucas  County. 

SUBDISTRICT  BOUNDARIES  :  Change  of.  The  county  superintendent  may, 
on  appeal,  redistrict.  A  refusal  by  the  board  to  act  upon  a  petition  to  redis- 
trict  is  an  act  from  which  an  appeal  will  lie. 

In  September,  1866,  plaintiff  and  others  presented  to  defendants  a 
petition  to  redistrict  the  township;  and  a  motion  was  adopted  to  "re- 
district  the  township  as  they  thought  best  for  the  interests  of  the  town- 
ship and  of  the  people.1'  At  a  special  meeting  held  in  November  to 
carry  out  that  action,4he  former  motion  was  reconsidered,  and  a  mo- 
tion adopted  to  let  the  boundaries  of  the  subdistricts  remain  as  they 
were.  From  this  decision  of  the  township  board  plaintiff  appealed  to 
the  county  superintendent  who  dismissed  the  case  on  the  ground  that 
the  board,  having  made  no  change  in  the  subdistrict  boundaries,  there 
was  no  action  to  appeal  from,  the  plaintiff  was  not  aggrieved,  and 
hence  the  county  superintendent  has  no  jurisdiction. 


SCHOOL  LAW  DECISIONS.  33 


C.  D.  Flynn  v.  The  District  Township  of  Whitebreaet. 

The  question  of  the  jurisdiction  of  the  county  superintendent  in  this 
case,  is  the  only  one  which  requires  examination. 

The  counsel  for  appellees  confine  their  argument  to  two  points: 

1.  u  The  county  superintendent  has  no  jurisdiction,  either  original 
or  appellate,  over  the  question  of  fixing  or  changing  the  boundary 
lines  of  subdistricts." 

2.  "  If  the  county  superintendent  has  appellate  jurisdiction  to  re- 
view the  action  of  the  board  in  changing  or  fixing  said  boundary  lines, 
yet  he  could  not  exercise  it  in  this  case,  for  the  reason  that  there  was 
no  action  of  the  board  from  which  an  appeal  would  lie." 

The  first  point  is  based  on  section  31,  chapter  1,  of  the  school  laws 
now  in  force.  Preceding  sections  define  the  powers  of  the  board;  but 
said  section  31  contains  limitations  of  those  powers.  One  of  the  limi- 
tations is — "  nor  shall  the  boundaries  of  subdistricts  be  changed  except 
by  a  vote  of  the  majority  of  the  board."  This,  when  taken  in  connec- 
tion with  the  context,  evidently  means,  merely,  that  when  a  change  in 
subdistrict  boundaries  is  made  by  the  board,  said  change  must  receive 
the  sanction  of  a  majority  of  all  the  members  of  the  board,  and  is  not 
intended  to  deny,  neither  does  it  deny,  the  appellate  jurisdiction  of 
county  superintendents  in  the  change  of  subdistrict  boundaries.  Of 
course  it  is  not  true,  neither  is  it  claimed,  that  superintendents  have 
original  jurisdiction  in  making  such  change. 

In  the  discussion  of  the  second  point,  by  the  substitution  of  the 
word  "  action  "  for  the  terms  "  decision  or  order  "  used  in  the  law,  and 
ingeniously  attaching  to  that  word  a  signification  of  something  done 
beyond  the  mere  adoption  of  a  resolution,  such,  for  instance,  as  the 
actual  redistricting  of  the  township,  the  counsel  make  a  very  plausible 
argument,  in  which  it  is  clearly  seen  that  no  one  could  be  aggrieved 
by  an  act  when  110  act  was  done,  hence,  there  was  no  ground  for  ap- 
peal. 

But  the  language  of  the  law  is  that  "  any  person  aggrieved  by  any 
decision  or  order"  of  the  board  may  appeal.  Was  there  a  "decision  or 
order"  made  by  the  board,  and  was  any  person  aggrieved  thereby? 
It  appears  from  the  transcript  of  the  secretary,  that  the  board  did 
decide  to  "  let  the  •  subdistrict  boundaries  remain  as  they  were,"  and 
passed  a  motion  or  "  order  "  to  that  effect.  The  action  of  the  board  in 
November,  though  virtually  merely  an  order  of  refusal,  is  proper 
ground  for  appeal,  provided  any  person  was  aggrieved  thereby;  and  in 
this  decision  I  am  sustained  by  the  opinion  of  the  attorney-general. 

It  only  remains  to  inquire  whether  any  person  might  have  been  ag- 
grieved by  this  action  of  the  board.  The  afiidavit  of  the  plaintiff  sets 
forth  that  "  a  larger  number  of  subdistricts  and  school-houses  are  im- 
peratively demanded  to  accommodate  the  children  of  the  district" ;  and 
in  the  hearing  before  the  county  superintendent,  plaintiff  requested  an 
opportunity  to  introduce  evidence  to  that  effect. 

Facilities  for  the  education  of  children  are  among  the  most  highly 
cherished  privileges  enjoyed  by  intelligent  citizens;  and  it  may  easily 
be  conceived  that  persons  may  be  aggrieved  by  a  refusal  to  grant  such 
facilities  as  are  "  imperatively  demanded." 

5 

0?  ^ 


34  SCHOOL  LAW  DECISIONS. 


Maria  L.  Dougherty  v.  L.  D.  Tracy,  County  Superintendent. 

The  county  superintendent  erred  in  sustaining  the  motion  to  dismiss; 
and  the  case  is  therefore  remanded  for  a  hearing  upon  its  merits.  In 
the  event  that  the  finding  shall  be  for  the  plaintiff,  the  county  super- 
intendent may  himself  redistrict  the  township,  uas  justice,  equity, 
and  the  interests  of  the  people  require." 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 
April  19,  1867. 


MARIA  L.  DOUGHERTY  v.  L.  D.  TRACY,  COUNTY  SUPERINTENDENT. 
Appeal  from  Grundy  County. 

1.  REVOCATION  OF  TEACHER'S  CERTIFICATE.  The  order  of  a  county 
superintendent  revoking  a  certificate  will  not  be  interfered  with  on  appeal, 
unless  it  appears  that  he  acted  from  passion  or  prejudice. 

2. .  Opinions  unsupported  by  facts  cannot  be  received  as  satis- 
factory evidence  of  prejudice. 

April  1,  1867,  L.  D.  Tracy,  superintendent  of  common  schools  for 
the  county  of  Grundy,  revoked  the  certificate  of  Maria  L.  Dougherty, 
a  teacher  of  said  county,  on  the  alleged  ground  of  incompetency  to 
properly  govern  and  control  a  school.  A  notice  of  the  revocation, 
made  out  in  due  form,  was  served  upon  the  secretaries  of  the  several 
district  townships;  but  no  notice  of  the  revocation  was  served  by  the 
superintendent  on  the  plaintiff. 

The  plaintiff  appealed  to  the  superintendent  of  public  instruction, 
who  by  circular  of  May  15,  1867,  directed  that  the  case  should  be 
heard  by  the  county  superintendent.  Such  hearing  took  place  June 
7,  1867.  During  the  examination  twenty-three  persons,  patrons  and 
pupils,  testified  to  the  good  order  of  the  school,  and  the  general  good 
character  and  reputation  of  the  plaintiff  as  a  teacher.  Fourteen  per- 
sons made  affidavit  that  they  believed  plaintiff's  certificate  was  revoked 
from  personal  prejudice. 

One  witness,  called  by  the  defense,  testified  that  the  school  was  not 
governed  as  well  as  it  might  have  been;  that  he  several  times  heard 
cursing  and  swearing  on  the  school  grounds  at  noon  and  recess.  Three 
persons  testified  that  they  did  not  believe  the  superintendent  revoked 
plaintiff's  certificate  from  prejudice  or  passion.  Nineteen  persons  cer- 
tified that  they  believed  Mr.  Tracy  to  be  a  competent  and  impartial 
officer,  and  free  from  any  malicious  administration. 

The  county  superintendent,  disregarding  the  weight  of  evidence  in 
regard  to  the  plaintiff's  qualifications,  affirmed  his  previous  decision 
revoking  plaintiff's  certificate,  and  certified  that  the  act  was  done  with- 
out prejudice  or  passion  toward  the  plaintiff,  and  that  he  was  impelled 


SCHOOL  LAW  DECISIONS.  35 


Maria  L.  Dougherty  v.  L.  D.  Tracy,  County  Superintendent. 

to  that  course  by  conviction,  which  was  the  result  of  personal  observa- 
tion and  knowledge,  that  plaintiff  was  incompetent  to  govern  a  school 
properly. 

From  that  decision  the  plaintiff  appeals. 

If  this  case  could  be  determined  by  the  weight  of  evidence  in  regard 
to  the  plaintiff's  ability  to  govern  a  school  properly  the  decision  would 
be  in  plaintiff's  favor.  But  there  are  other  elements  for  consideration. 
The  county  superintendent  is  clothed  with  large  discretionary  powers. 
So  great  has  this  discretion  been  regarded  that  it  has  been  held  by  pre- 
vious incumbents  of  the  office  of  superintendent  of  public  instruction 
that  the  refusal  to  grant  a  teacher's  certificate  or  the  revocation  of 
such  certificate  by  a  county  superintendent  was  an  act  so  wholly  dis- 
cretionary that  it  was  not  subject  to  revision.  The  circular  of  May  15, 
1867,  from  this  department,  maintaining  the  right  of  appeal  in  such 
cases  was  not  intended  to  curtail  the  discretionary  power  of  county 
superintendents,  but  to  point  out  a  way  in  which  its  abuse  might  be 
corrected. 

In  the  absence  of  special  statutory  provisions  in  regard  to  the  man- 
ner of  hearing  appeals,  it  is  presumed  that  general  principles  are  ap- 
plicable. 

It  may  not  be  amiss  at  this  time  to  enunciate  some  general  princi- 
ples which  will  be  observed  in  the  adjudication  of  this  and  similar 
cases. 

I.  The  discretion  of  a  county  superintendent  in  refusing  or  revok- 
ing a  teacher's  certificate  will  not  be  interfered  with  by  the  superin- 
tendent of  public  instruction  unless  it  is  clearly  shown  that  the  county 
superintendent  in  such  act  violated  the  law  in  letter  or  spirit,  or  was 
influenced  by  passion  or  prejudice.  This  position  is  believed  to  be 
correct  in  the  light  of  both  principle  and  public  policy.  The  general 
rule  is,  "  the  supreme  court  will  not  interfere  with  the  decisions  of  the 
district  court  in  cases  where  the  latter  has  a  discretionary  power,  un- 
less it  is  fully  apparent  that  such  power  has  been  abused."  Hammond's 
Iowa  Digest,  page  65.  Numerous  cases  might  be  cited  in  support  of 
this  rule,  but  such  citations  are  deemed  unnecessary.  The  county 
superintendent  is  presumed  to  be  selected  from  among  his  fellow  citi- 
zens on  account  of  his  ability  to  exercise  a  sound  discretion  in  the  dis- 
charge of  the  important  duties  of  his  office.  He  is  bound  by  a  solemn 
oath  to  discharge  his  trusts  with  fidelity.  He  is  on  the  ground  and  has 
a  personal  knowledge  of  the  circumstances.  He  can  judge  of  the  ed- 
ucational requirements  of  his  county  better  than  another  person  scores 
of  miles  distant,  in  his  examination  of  teachers  and  in  his  visits  to 
their  schools  he  can  judge  of  the  teacher's  comparative  and  actual 
merit  and  ability  better  than  those  who  have  less  extended  opportuni- 
ties for  observation.  He  is  responsible  to  his  constituents  for  the 
manner  in  which  his  duties  are  performed.  His  official  acts  may  be 
reviewed  and  modified  or  annulled  by  the  superintendent  of  public  in- 
struction. Frequent  interference  with  the  discretion  of  county  super- 
intendents would  tend  to  bring  their  authority  into  contempt,  and  to 
unsettle  the  foundations  of  our  school  system.  While,  then,  the  right 


36  SCHOOL  LAW  DECISIONS. 


Maria  L.  Dougherty  v.  L.  D.  Tracy,  County  Superintendent. 

to  review  an  abuse  of  discretion  is  reserved,  and  the  right  to  reverse  an 
illegal  decision  maintained,  the  discretion  of  county  superintendents 
will  not  be  interfered  with  unless  such  interference  is  necessary  to  se- 
cure justice  or  vindicate  law. 

II.  The  proof  of  the  violation  of  law,  or  of  the  influence  of  passion 
or  prejudice  in  the  performance  of  official  duty  must  he  clear  and  con- 
vincing. Mere  opinion,  unsupported  by  facts,  is  insufficient  to  estab- 
lish the  allegation  of  passion  or  prejudice.  "  As  a  general  rule  wit- 
nesses, unless  experts,  should  state  facts,  not  opinions."  Whitmore  v. 
Bowman,  4  Gr.  Greene,  Iowa,  148.  "Except  when  given  by  experts,  evi- 
dence of  mere  opinion  is  not  competent,  unless  upon  some  controlling 
ground  of  necessity,  resulting  from  the  nature  of  the  inquiry."  Dal- 
zell  v.  City  of  Davenport,  12  Iowa,  437;  Danforth,  Dennis  &  Co.  v. 
Carter  &  May,  4  Iowa,  230. 

In  the  light  of  these  principles,  which  are  believed  to  be  correct  and 
proper,  conclusions  may  be  readily  formed. 

It  is  held  that  it  is  not  necessary  for  the  county  superintendent  to 
notify  the  plaintiff  of  his  intention  to  revoke  her  certificate  before 
taking  such  action;  neither  does  the  law  require  him  to  serve  a  copy 
of  the  revocation  upon  the  plaintiff,  subsequently.  Courtesy  and  pro- 
priety, however,  would  dictate  that  the  teacher  should  receive  imme- 
diate notice  of  the  revocation  from  the  county  superintendent. 

The  rulings  of  the  county  superintendent  on  the  admission  of  evi- 
dence have  no  material  effect  on  the  final  decision  of  the  case,  hence 
the  exceptions  of  the  plaintiff  thereto  are  passed  over. 

The  revocation  of  a  teacher's  certificate  is  adjudged  to  be  an  act  of 
discretion  on  the  part  of  the  county  superintendent,  which  will  not  be 
interfered  with,  without  satisfactory  proof  of  illegality  or  of  prejudice. 

In  this  case,  while  the  weight  of  testimony  is  favorable  to  plaintiff's 
qualification,  and  opinion  is  conflicting  in  regard  to  prejudice,  there 
is  not  a  single  fact  adduced  in  the  testimony  upon  which  the  theory 
of  prejudice  can  be  based.  On  the  other  hand,  the  county  superinten- 
dent headed  a  subscription  to  pay  plaintiff's  board,  and  was  the  first 
to  pay  said  subscription.  During  the  term  he  told  the  subdirector 
that  the  plaintiff  must  be  sustained  in  her  government  of  the  school 
at  all  hazards;  and  these  facts  indicate  the  absence  of  prejudice.  The 
mere  opinion  of  witnesses,  unsupported  by  facts,  cannot  be  received  as 
satisfactory  evidence  of  prejudice. 

Some  embarrassment  is  experienced  in  this  case  from  the  circum- 
stance that  the  plaintiff  belongs  to  that  gentler  sex  to  which  we  are  all 
educated  to  do  homage,  and  the  idea  is  largely  prevalent  that  they  are 
not  amenable  to  law  in  an  equal  degree  with  the  opposite  sex ;  but 
having  a  high  regard  for  the  rights  of  women,  we  dare  not  pervert  law 
even  to  shield  them  from  its  operation.  We  are  therefore  compelled 
to  affirm  the  decision  of  the  county  superintendent. 

AFFIRMED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 

October  1, 1867. 


SCHOOL  LAW  DECISIONS.  37 


Benjamin  Smith  v.  District  Township  of  Coffin's  Grove. 

SMITH  v.  DISTRICT  TOWNSHIP  OF  COFFIN'S  GROVE. 
Appeal  from  Delaware  County. 

1.  PROCEEDINGS.    In  the  absence  of  proof  to  the  contrary,  the  legal  pre- 
sumption is  that  the  proceedings  before  the  county  superintendent  were 
entirely  regular. 

2.  EXPLANATORY  NOTES:   Force  of.    Notes  to  the  school  law,  while 
proper  aids  to  school  officers,  have  not  the  binding  force  of  law,  and  a  non- 
compliance  with  them  is  not  necessarily  a  violation  of  law. 

On  the  petition  of  the  electors  of  subdistrict  number  one,  Coffin's 
Grove  district  township,  the  board  of  directors  thereof  located  the  site 
of  a  proposed  new  school-house  "just  east  of  the  burying  ground,  on 
the  right  hand  side  of  the  road,  adjoining  the  corner  of  Mr.  Brook's 
field."  From  this  action  plaintiff  appealed  to  the  county  superintend- 
ent on  the  25th  of  March,  by  whom  the  case  was  heard  April  19, 1867. 
On  the  13th  of  June  the  county  superintendent  issued  an  order  re- 
locating the  site  three-fourths  of  a  mile  further  south,  and  at  or  near 
the  center  of  the  subdistrict.  From  this  order  an  appeal  is  taken,  and 
thus  the  case  comes  up  for  review. 

The  appellants  claim  a  reversal  of  the  county  superintendent's  de- 
cision on  the  ground: 

1.  That  the    county   superintendent   had  no  jurisdiction  in  the 
matter. 

2.  That  the  county  superintendent  erred  in  not  taking  the  deposi- 
tions of  witnesses  in  writing  and  having  the  same  signed  and  sworn  to 
by  the  witnesses. 

3.  That  the  county  superintendent  erred  in  not  making  up  his 
record  at  the  time  of  trial. 

4.  On  the  merits  of  the  case. 

The  denial  of  the  county  superintendent's  jurisdiction  is  based  on 
the  fact  that  the  original  affidavit  does  not  state  that  the  appeal  was 
taken  within  thirty  days  of  the  action  of  the  board  complained  of,  and 
reference  is  made  to  page  57  of  "explanatory  notes,"  in  which  it  is 
stated  that  this  fact  should  appear,  though  there  is  no  such  specific 
requirement  in  "An  act  to  provide  for  appeals."  The  question  natur- 
ally arises  as  to  the  legal  force  of  these  "  explanatory  notes."  Have 
they  the  effect  of  statutory  provisions,  or  otherwise?  While  the  right 
of  every  tribunal  to  establish  rules  and  regulations  not  inconsistent 
with  law,  must  be  admitted,  these  "explanatory  notes"  made  by  the 
superintendent  of  public  instruction  are  not  legal  enactments,  nor 
"rules  and  regulations,"  and  so  far  from  being  mandatory  in  their 
character  are  merely  advisory  and  directory,  and  intended  for  the 
assistance  and  guidance  of  school  officers.  They  are  a  commentary  on 
the  school  law;  and  as  they  are  replete  with  good  common  sense  sug- 
gestions, their  observance  will  render  the  administration  of  the  school 


38  SCHOOL  LAW  DECISIONS. 


Benjamin  Smith  v.  District  Township  of  Coffin's  Grove. 

law  more  accurate  and  satisfactory;  but  a  non-compliance  with  them 
is  not  necessarily  a  violation  of  law. 

It  must  be  admitted  that  an  affidavit  which  does  not  state  the  date 
of  the  decision  or  act  complained  of  is  very  carelessly  drawn,  and  a 
superintendent  might  be  justified  in  refusing  to  entertain  it;  but  if  it 
be  entertained,  it  is  still  competent  for  the  opposite  party  to  show  that 
the  thirty  days  allowed  by  law  had  expired  previous  to  the  filing  of  the 
affidavit,  and  thus  secure  the  dismissal  of  the  case.  The  law  gives  the 
superintendent  jurisdiction  within  thirty  days,  and  the  state  superin- 
tendent could  not  by  any  rule  or  regulation  annul  the  statutory  pro- 
visions. It  is  not  even  claimed  by  appellants  that  the  time  for  taking 
appeal  had  expired,  and  the  date  of  petitions  submitted  to  the  board 
indicate  that  it  had  not  expired.  In  the  absence  of  proof  to  the  con- 
trary, the  legal  presumption  is  that  the  proceedings  before  the  county 
superintendent  were  entirely  regular,  and  therefore  the  jurisdiction  of 
the  superintendent  must  be  sustained. 

The  second  and  third  errors  assigned  by  appellants  are  also  based  on 
"  explanatory  notes  "  instead  of  upon  the  law,  and  cannot  be  sustained 
for  reasons  previously  given.  While  there  were  things  in  the  man- 
agement of  this  case  from  which  we  must  withhold  our  commendation, 
as  there  seems  to  have  been  a  substantial  compliance  with  the  law, 
we  do  not  feel  justified  in  dismissing  it  without  an  examination  of  its 
merits. 

The  county  superintendent  gave  due  notice  of  the  hearing  in  writing 
to  all  the  electors  of  the  subdistrict.  On  the  day  of  hearing  several 
persons  appeared,  but  no  "  evidence  on  either  side  was  offered,"  except 
the  original  affidavit  of  Benjamin  Smith.  The  record  of  the  county 
superintendent  goes  on  to  say:  "But  to  satisfy  myself  in  regard  to 
the  number  of  inhabitants  that  would  be  accommodated  best  by  the 
site  remaining  where  it  is  at  present  located  by  said  board,"  Nelson 
Bly,  James  McBride,  and  Henry  Baker  were  sworn.  "Nelson  Bly 
stated  that  about  thirty  families  lived  in  said  subdistrict,  and  that  only 
about  one-third  would  be  accommodated  by  the  site  remaining  where 
it  is  at  present  located  by  said  board.  James  McBride  corroborated 
the  statements  made  by  Nelson  Bly."  After  Henry  Baker  was  sworn 
uso  much  confusion  and  controversy  arose"  that  it  was  found  "almost 
impossible  to  preserve  order,"  and  the  superintendent  "proceeded  to 
view  the  different  sites." 

Among  the  papers  sent  up  by  the  district  secretary  were  two  peti- 
tions to  the  board,  one  signed  by  fifteen  persons  asking  that  the  site 
should  be  located  "at  or  near  the  corner  of  Mr.  Brook's  field";  the 
other  signed  by  twenty-three  persons,  asking  that  the  site  be  "  estab- 
lished as  near  as  practicable  in  the  center  of  the  subdistrict." 

In  view  of  the  facts  before  us  we  cannot  do  otherwise  than  sustain 
the  county  superintendent,  whose  decision  is 

AFFIRMED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 

December  16,  1867. 


SCHOOL  LAW  DECISIONS.  39 


Joseph  F.  Edwards  et  al.  v.  District  Township  of  West  Point. 

JOSEPH  F.  EDWARDS  et  al.  v.  DISTRICT  TOWNSHIP  OF  WEST  POINT. 
Appeal  from  Lee  County. 

1.  APPEAL.    The  right  of  appeal  is  not  limited  to  cases  of  personal  griev- 
ances. 

2.  DISCRETIONARY  ACTS.    The  county  superintendent  having  only  appel- 
late jurisdiction,  should  not  reverse  discretionary  acts  of  the  board,  with- 
out explicit  and  clearly  stated  proof  of  the  abuse  of  such  discretion,  even 
though  not  fully  approving  their  action. 

3.  SUBDISTRICT  BOUNDARIES  :   Change  of.    The  acts  of  a  board  of  direc- 
tors changing  subdistrict  boundaries  and  locating  school-houses  are  so  far 
discretionary  that  they  should  be  affirmed  on  appeal,  unless  it  is  shown  that 
there  has  been  an  abuse  of  discretion. 

September  16,  1867,  the  board  of  directors  of  the  district  township 
of  West  Point,  Lee  county,  transferred  one  hundred  and  twenty  acres 
of  land  belonging  to  one  Timothy  Allen,  from  subdistrict  number  one 
to  subdistrict  number  three,  in  the  same  district  township.  From 
this  alteration  of  subdistrict  boundaries,  Joseph  F.  Edwards  et  al.  ap- 
pealed to  the  county  superintendent,  by  whom  the  order  of  the  board 
of  directors  was  reversed.  From  this  decision  of  the  county  superin- 
tendent, Timothy  Allen  appeals  to  the  superintendent  of  public  in- 
struction. 

It  is  not  claimed  that  the  board  of  directors  exceeded  their  powers 
in  changing  boundary  lines,  or  in  any  respect  violated  law.  While 
equality  among  the  several  subdistricts,  in  area,  population,  and  taxa- 
ble property,  is  in  some  respects  desirable,  it  is  not  required  by  law, 
and  in  fact  is  impracticable.  The  claim  in  the  argument  of  appellees 
that  the  action  of  the  board  was  necessarily  wrong,  because  it  had  the 
effect  to  increase  the  inequality  in  some  or  all  of  these  respects,  is  not 
well  founded.  It  is  an  element  which  should  receive  proper  consider- 
ation, but  it  will  not  always  exercise  a  controlling  influence. 

Mr.  Nourse,  in  his  argument  for  appellant,  claims  that  "  no  right  of 
appeal  existed  in  the  plaintiffs  who  took  the  case  to  the  county  super- 
intendent"; hence  the  county  superintendent  was  without  jurisdiction. 
He  claims  that  to  entitle  a  person  to  the  right  of  appeal  the  grievance 
must  be  of  a  personal  character — one  that  affects  the  rights  or  inter- 
ests of  the  individual  as  distinguished  fiom  the  public.  In  support  of 
this  view  he  refers  to  the  following  decisions  by  our  supreme  court: 
Humphrey  v.  Ball,  4  G.  Greene,  204;  Myers  v.  Simms,  4  Iowa,  500; 
McCune  v.  Swqfford,  5  Iowa,  552;  Lippencott  v.  Allander,  23  Iowa, 
536.  In  all  of  these  cases  it  is  held  that  there  is  no  appeal  from  the 
county  court  or  the  board  of  supervisors,  unless  the  grievance  is  of  a 
personal  or  individual  character  as  distinguished  from  the  public ;  and 
hence  by  analogy  it  is  claimed  that  there  is  no  appeal  from  the  board 
of  school  directors  unless  the  grievance  is  of  a  like  character.  If  the 


40  SCHOOL  LAW  DECISIONS. 

Joseph  F.  Edwards  et  al.  v.  District  Township  of  West  Point. 

right  of  appeal  in  the  two  cases  was  derived  from  the  same  statute,  the 
decisions  cited  above  would  be  conclusive.  But  these  decisions  are 
based  upon  section  267,  Revision  of  1860,  in  which  the  right  of  appeal 
is  limited  to  "any  matter  affecting  the  rights  or  interests  of  individuals 
as  distinguished  from  the  public,'  etc.;  while  appeals  to  county  super- 
intendents are  based  on  section  2133,  Revision  1860,  which  provides 
that  "  any  person  aggrieved  by  any  decision  or  order  of  the  district 
board  of  directors  in  matter  of  law  or  fact,"  may  appeal,  etc. 

As  section  2133  does  not  limit  the  right  of  appeal  in  cases  of  per- 
sonal grievance,  the  decisions  cited  have  no  application  in  the  case 
under  consideration. 

The  important  point  upon  which  the  issue  in  this  case  must  turn 
remains  to  be  stated.  The  meeting  at  which  the  change  of  subdistrict 
boundaries  was  made  was  attended  by  six  of  the  eight  members  of  the 
board,  and  after  a  full  discussion  of  the  proposed  change  and  an  exami- 
nation of  .plats  of  the  district,  the  change  was  made  by  unanimous 
vote,  and  subsequently  approved  by  one  of  the  absent  members.  The 
remaining  subdirector,  who  resides  in  the  subdistrict  from  which  the 
territory  was  taken,  opposes  the  change.  It  is  not  claimed  that  the 
law  was  violated  in  the  change,  but  only  that  the  educational  interests 
of  the  district  were  impaired. 

The  question  is  not  so  much  one  of  law  as  of  sound  judgment  and 
discretion.  The  change  was  approved  by  seven  of  the  eight  members 
of  the  board,  who  reside  in  different  parts  of  the  township,  six  of  whom 
at  least,  are  absolutely  without  personal  interest  in  the  matter.  It  is 
opposed  by  one  whose  pecuniary  interests  are  contingently  adversely 
affected.  The  county  superintendent  opposes  his  judgment  to  the 
judgment  of  the  board.  What,  in  such  a  case,  is  the  duty  of  the  ulti- 
mate tribunal? 

The  superintendent  of  public  instruction  has,  as  in  duty  bound,  an 
earnest  desire  to  sustain  the  acts  and  decisions  of  county  superintend- 
ents. The  legal  presumption  is  always  in  favor  of  the  correctness  of 
official  acts  and  decisions.  While  the  state  superintendent  applies 
this  principle  to  county  superintendents,  it  is  equally  incumbent  upon 
them  to  apply  it  to  the  decisions  or  orders  of  district  boards  of  direct- 
ors. It  not  unfrequently  happens  that  county  superintendents  decide 
appeal  cases  upon  their  own  judgment  and  discretion  as  if  they  had 
original,  instead  of  appellate  jurisdiction;  and  fail  to  give  that  consider- 
ation to  the  discretion  of  district  boards,  which  the  above  principle 
requires. 

The  law  prescribing  the  duties  of  boards  of  directors  is,  in  some  re- 
spects, mandatory,  requiring  that  certain  specified  duties  shall  be  per- 
formed in  a  particular  manner.  In  other  cases,  the  board  acts  as  a 
local  legislature,  and  its  action  is  discretionary.  Among  these  discre- 
tionary powers,  though  not  including  all  of  them,  are  the  establish- 
ment and  change  of  subdistrict  boundaries  and  the  location  of  school- 
houses.  It  has  been  doubted  by  some  whether  an  appeal  to  the  county 
superintendent,  from  acts  of  the  board  wholly  discretionary,  would  lie. 
While  the  right  of  appeal  in  such  cases  is  maintained,  the  real  charac- 


SCHOOL  LAW  DECISIONS. 


James  C.  Smith  v.  District  Township  of  Maquoketa. 


ter  should  not  be  lost  sight  of;  and  the  action  of  the  board  within  the 
limits  of  the  law  should  not  be  reversed  unless  it  is  evident  that  it 
acted  with  passion,  prejudice,  or  manifest  injustice.  It  is  a  general 
principle  in  law  that  the  exercise  of  discretionary  power  will  not  be  in- 
terfered with  unless  it  is  fully  apparent  that  such  power  has  been 
abused.  For  further  remarks  on  discretionary  power  and  the  manner 
of  proving  its  abuse,  reference  is  made  to  the  case  of  Dougherty  v. 
Tracy,  county  superintendent. 

In  changing  subdistrict  boundaries,  and  locating  school-houses,  the 
law  gives  the  board  of  directors  original  jurisdiction,  and  as  it  is  dis- 
cretionary power  the  action  of  the  board  should  be  affirmed  on  appeal, 
unless  it  is  fully  apparent  by  the  evidence  that  the  board  violated  law 
or  abused  its  discretion.  If  there  is  a  reasonable  doubt  the  board  is 
entitled  to  its  benefit.  The  action  of  the  board  may  not  be  wholly 
approved  by  the  judgment  of  the  county  superintendent,  but  if  it  be 
not  illegal  or  clearly  unjust  it  should  be  sustained.  When,  however, 
county  superintendents  feel  called  upon  to  reverse  decisions  of  school 
boards,  they  should  give  a  clear  and  explicit  statement  of  their  reasons 
for  so  doing,  that  the  superintendent  of  public  instruction  may  be  the 
better  enabled  to  judge  of  the  soundness  of  their  conclusions. 

These  general  remarks  have  been  made  with  a  view  to  guide  county 
superintendents  in  their  decisions,  as  well  as  to  indicate  some  of  the 
principles  which  will  be  observed  by  the  superintendent  of  public  in- 
struction in  the  adjudication  of  similar  cases. 

In  the  particular  case  under  consideration,  the  board  of  directors, 
with  unusual  unanimity,  performed  a  discretionary  act.  It  is  not 
claimed  that  this  act  was  illegal  or  the  board  was  influenced  by  im- 
proper motives.  It  is  not  satisfactorily  proven  that  the  act  was  unjust. 
In  our  opinion,  the  evidence  does  not  sustain  the  county  superintendent 
in  annulling  the  order  of  the  board,  and  his  decision  is  therefore 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 

February  15,  18(58. 


JAMES  C.  SMITH  v.  DISTRICT  TOWNSHIP  OF  MAQUOKETA. 
Appeal  from  Jackson  County. 

1.  AFFIDAVIT.    The  affidavit  may  be  amended  when  such  action  is  not 
prejudicial  to  the  rights  of  any  party  interested. 

2.  COUNTY  SUPERINTENDENT.    May  upon  appeal  create  subdistrict. 

At  the  regular  semi-annual  meeting  of  the  board  of  directors  of  the 
district  township  of  Maquoketa,  in  September,  1867,  Jacob  Markle  and 


G 


42  SCHOOL  LAW  DECISIONS. 


James  C.  Smith  v.  District  Township  of  Maquoketa. 

twenty-seven  others  presented  a  petition,  asking  that  all  of  that  portion 
of  subdistrict  number  five,  lying  south  of  the  Maquoketa  river,  should 
be  set  off  into  a  separate  subdistrict.  The  prayer  of  the  petition  was 
refused,  whereupon  James  C.  Smith,  one  of  the  petitioners,  appealed 
to  the  county  superintendent,  who  reversed  the  action  of  the  board 
and  created  a  new  subdistrict  south  of  the  river.  From  this  decision 
D.  F.  Farr  and  E.  H.  Patterson  appeal  to  the  state  superintendent. 

The  evidence  discloses  the  following  facts:  subdistrict  number  five 
is  divided  by  the  Maquoketa  river  into  two  nearly  equal  portions,  the 
school-house  being  situated  on  the  north  side  of  the  river.  Said  river 
is  a  navigable  stream,  the  only  means  of  crossing  it  being  the  ice  in 
winter  and  a  ferry  in  summer.  It  is  subject  to  freshets,  and  obstruc- 
tions from  ice,  so  as  to  be  impassable  for  days  in  succession.  The 
weight  of  evidence  shows  the  river  to  be  such  an  obstruction  that 
children  cannot,  with  reasonable  facility,  enjoy  the  advantages  of  a 
school  on  the  opposite  side  from  that  on  which  they  reside.  That  this 
difficulty  was  recognized  by  the  board'is  evidenced  by^the  fact  that  an 
appropriation  of  forty  dollars  was  made  last  summer  to  support  a 
school  in  that  part  of  the  subdistrict  south  of  the  river.  Some  children 
have  never  attended  school  north  of  the  river  because  their  parents 
consider  the  crossing  of  the  river  fraught  with  danger. 

The  appellant  assigns  three  errors: 

1.  The  insufficiency  of  the  affidavit  of  J.  C.  Smith,  and  the  conse- 
quent want  of  jurisdiction  by  the  county  superintendent. 

2.  That  the  county  superintendent  permitted  said  affidavit  to  be 
amended  on  the  day  of  trial,  thus  admitting  its  insufficiency. 

3.  That  the  county  superintendent  divided  said  subdistrict  number 
five  into  two  subdistricts. 

The  system  of  appeals  to  county  superintendents  was  inaugurated 
to  provide  a  speedy  and  inexpensive  method  of  adjusting  difficulties 
arising  in  the  administration  of  school  laws.  From  the  fact  that 
many  of  the  cases  arising  are  prosecuted  by  the  parties  interested 
without  the  intervention  or  assistance  of  lawyers,  no  very  stringent 
rules  of  practice  have  been  adopted.  The  object  of  this  system  of 
appeals  is  to  promote  uniformity  in  the  operation  of  school  laws,  and 
the  attainment  of  substantial* justice;  and  this  object  should  not  be 
defeated  by  technical  objections. 

While  the  affidavit  of  said  Smith  was  not  as  full  as  it  is  customary  to 
make  such  papers,  it  yet  had  such  completeness  as  enabled  the  county 
superintendent  to  obtain  a  transcript  of  the  proceedings  of  the  board 
relating  to  the  alleged  grievance;  and  the  ruling  of  the  county  super- 
intendent on  the  first  two  points  is  sustained.  It  is  neither  intimated 
nor  believed  that  the  irregularities  complained  of  prejudiced  the  inter- 
ests of  appellants. 

The  law  imposes  equal  burdens  upon  all  property  in  the  township 
for  contributions  to  the  "  teachers1  fund  "  and  the  "  contingent  fund," 
and  it  contemplates  that  all  the  youth  of  the  state  shall  enjoy  as  nearly 
as  practicable  equal  educational  facilities.  The  county  superintendent, 
by  his  appellate  jurisdiction,  had  power  to  create  the  new  subdistrict. 


SCHOOL  LAW  DECISIONS. 


43 


S.  L.  Curry  v.  District  Township  of  Franklin. 


As  by  the  evidence,  the  youth  south  of  the  river  could  not  with  rea- 
sonable facility  enjoy  the  advantages  of  a  school  on  the  north  side, 
the  county  superintendent  was  justified  in  interfering  with  the  discre- 
tionary powers  of  the  board,  and  in  establishing  a  new  subdistrict 
south  of  the  river. 

AFFIRMED. 
D.  FRANKLIN  WELLS, 

Superintendent  of  Public  Instruction. 
February  15",  1868. 


S.  L.  CURRY  v.  DISTRICT  TOWNSHIP  OF  FRANKLIN. 
Appeal  from  Decatur  County. 

1.  COUNTY  SUPERINTENDENT.    Has  no  jurisdiction  of  an  appeal  until  an 
affidavit  is  filed. 

2.  AFFIDAVIT.    An  affidavit  is  a  statement  in  writing,  signed  and  made 
upon  oath  before  an  authorized  magistrate. 

3.  NOTICE.    The  county  superintendent  should  not  issue  notice  of  final 
hearing  until  both  the  affidavit  and  transcript  of  the  district  secretary  have 
been  filed  in  his  office. 

4.  DISCRETIONARY  ACTS.    May  be  reversed  on  appeal,  but  should  not  be 
disturbed  except  upon  evidence  of  unjust  exercise  or  abuse. 

December  16,  1867,  at  a  special  meeting  of  the  board  of  directors, 
a  vote  to  change  the  boundaries  of  subdistricts  in  the  district  township 
of  Franklin,  Decatur  county,  so  as  to  form  a  new  subdistrict  in  ac- 
cordance with  the  prayer  of  petitioners,  resulted  in  a  tie.  From  this 
virtual  refusal  to  act,  S.  L.  Curry  appealed  to  the  county  superintend- 
ent, who  on  the  31st  of  the  same  month  formed  a  new  subdistrict. 

Appellant  alleges  in  his  affidavit  that  the  county  superintendent 
assumed  jurisdiction  of  this  case  without  warrant  of  law;  that  there 
never  was  "  at  any  time  an  affidavit  or  any  other  statement  in  said 
appeal  case  filed  in  the  office  of"  the  county  superintendent;  hence  the 
want  of  jurisdiction. 

The  "  act  to  provide  for  appeals,"  section  two,  provides  that  "  The 
basis  of  proceeding  shall  be  an  affidavit,  filed  by  the  party  aggrieved 
with  the  county  superintendent,  within  the  time  allowed  for  taking  the 
appeal."  An  affidavit  is  a  statement  in  writing,  signed  and  made  upon 
oath  before  an  authorized  magistrate.  A  county  superintendent  can 
have  no  proper  jurisdiction  of  an  appeal  case  until  such  affidavit  has 
been  filed.  A  notice  of  intention  to  file  an  affidavit,  a  verbal  com- 
plaint, or  a  petition,  is  not  sufficient  to  give  the  county  superintendent 
jurisdiction  in  appeal  cases.  The  affidavit  setting  forth  "the  errors 


44  SCHOOL  LAW  DECISIONS. 


8.  L.  Curry  v.  District  Township  of  Franklin. 

complained  of  in  a  plain  and  concise  manner1'  must  be  in  his  hands 
before  he  is  justified  in  commencing  proceedings.  The  decision  of  the 
superintendent  recites  that  the  affidavit  was  filed  December  21,  which 
might  be  taken  as  conclusive,  if  it  was  not  contradicted  by  the  record. 
The  transcript  shows  that  said  affidavit  was  not  subscribed  and  sworn 
to  until  December  28,  hence  we  do  not  clearly  see  how  it  could  have 
been  filed  on  the  21st. 

December  24,  four  days  before  the  affidavit  was  made,  and  which 
appellant  alleges  was  never  filed  with  the  superintendent,  said  superin- 
tendent gave  notice  to  the  parties  that  the  hearing  would  take  place  on 
the  30th.  This  proceeding,  as  an  appeal  case,  was  entirely  unauthor- 
ized by  law;  and  as  he  commenced  proceedings  in  disregard  of  the 
plain  provisions  of  law  and  without  legal  jurisdiction,  his  decision  is 
annulled.  It  may  be  said,  and  not  without  authority,  that  as  both 
parties  responded  to  the  notice,  and  came  before  the  superintendent, 
that  he  thereby  acquired  jurisdiction;  but  we  feel  unwilling  to  sanction 
disregard  of  law  by  approving  such  great  irregularities. 

Without  touching  the  real  merits  of  the  question  at  issue  —  the 
formation  of  a  new  subdistrict,  which  we  are  willing  to  leave  to  the 
local  authorities  —  we  refer  briefly  to  a  few  -points  of  law  raised  by 
appellants: 

1.  The  count}7"  superintendent  should  not  issue  notice  of  final  hear- 
ing until  both  the  affidavit  and  the  transcript  of  the  district  secretary 
have  been  filed  in  his  office. 

2.  The  law  does  not  require  that  a  revenue  stamp  shall  be  affixed 
to  an  affidavit;  hence  the  neglect  to  cancel  such  stamp  when  affixed  is 
immaterial. 

3.  Though  the  change  of  subdistrict  boundaries  by  the  board  of 
directors  is  a  discretionary  act,  it  may  be  reviewed  by  the  county  su- 
perintendent, on  appeal;  but  the  decision  of  the  board  should  not  be 
disturbed  unless  said  discretionary  power  has  been  abused  or  exercised 
unjustly. 

4.  The  county  superintendent  should   have  received  the  remon- 
strances offered  on  trial  in  evidence,  and  exercised  his  judgment  as  to 
their  weight  and  value. 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 
March  26, 1868. 


SCHOOL  LAW  DECISIONS. 


45 


C.  8.  Gordon  v.  District  Township  of  Brown. 


C.  S.  GORDON  v.  DISTRICT  TOWNSHIP  OF  BROWN. 
Appeal  from  Linn  County. 

1.  DISTRICT  TOWNSHIP.    Should  not  ordinarily  contain  more  than  nine 
subdistricts. 

2.  COUNTY  SUPERINTENDENT.    Should  not  reverse  an  action  of  the  board 
of  directors  which  is  in  accordance  with  instructions  of  the  superintendent 
of  public  instruction. 

3.  SUBDISTRICT  :  Size  of.    There  are  serious  objections  to  the  formation 
of  small  subdistricts. 

The  board  of  directors  of  the  district  township  of  Brown,  Linn 
county,  Iowa,  at  a  meeting  held  February  8,  1868,  and  attended  by  all 
the  members  of  the  board,  except  one,  voted  unanimously  to  redistrict 
the  district  township,  and  to  relocate  school-house  sites  in  accordance 
with  a  decision  of  the  superintendent  of  public  instruction,  rendered 
January  28,  1868,  and  in  accordance  with  a  plat  submitted.  From  the 
action  of  the  board  in  this  matter  Charles  S.  Gordon  appealed  to  the 
county  superintendent,  by  whom  the  case  was  heard  March  12,  1868, 
and  whose  decision,  rendered  the  following  day,  reversed  the  action  of 
the  board  on  the  ground  of  alleged  non-compliance  with  the  decision  of 
the  superintendent  of  public  instruction,  as  rendered  on  the  said 
January  28,  1868,  in  the  case  of  Gordon  v.  District  Township  of 
Brown. 

The  decision  of  the  superintendent  of  public  instruction  above 
referred  to,  was  provisory.  It  declared  that  if  the  board  of  directors 
should  promptly  make  certain  changes  therein  indicated,  that  the 
decision  of  the  county  superintendent  made  November  12, 1867,  form- 
ing a  new  subdistrict  should  be  void;  otherwise,  in  full  force  and  effect. 
It  required  that  school-house  sites  should  be  selected  "  at  or  near " 
certain  points  named;  thus  giving  the  board  limited  discretion  in  their 
location,  and  full  discretion  in  regard  to  the  boundaries  of  subdistricts. 
In  one  instance,  a  site  was  selected  about  one-fourth  of  a  mile  from  the 
point  indicated;  but  as  the  plat  showed  that  it  was  at  the  crossing  of 
two  roads,  and  that  it  was  nearer  the  center  of  the  subdistrict  as 
established  by  the  board,  this  variation  was  approved.  The  other  sites 
selected  by  the  board  did  not  vary  from  the  points  indicated  in  the 
decision.  The  changes  made  by  the  board  on  the  said  8th  day  of  Feb- 
ruary, were  submitted  to  the  superintendent  of  public  instruction,  who, 
March  3,  gave  them  his  official  sanction  and  approval. 

Mr.  Gordon's  appeal  was  based  principally  upon  the  fact  that  one  of 
the  sites,  as  explained  above,  was  not  at  the  precise  point  indicated  by 
the  decision  of  the  superintendent  of  public  instruction;  and  hence,  as 
the  board  had  not  strictly  complied  with  the  proviso  of  said  decision, 
the  decision  of  the  county  superintendent,  made  November  12,  1867, 


46  SCHOOL  LAW  DECISIONS. 


0.  8.  Gordon  v.  District  Township  of  Brown. 

establishing  a  new  subdistrict,  was  in  full  force  and  effect,  and  should 
have  been  regarded  by  the  board. 

In  support  of  its  action  the  board  offered  in  evidence  the  official 
approval  of  the  superintendent  of  public  instruction;  this,  however,  was 
ruled  out  by  the  county  superintendent,  on  the  alleged  ground  that  it 
was  "ex  parte  testimony"  obtained  by  one  party  after  the  inauguration 
of  the  appeal,  without  notice  to  the  other  party.  In  this  ruling  the 
county  superintendent  erred.  The  decision  of  the  superintendent  of 
public  instruction  being  provisory,  it  was  competent  for  him  to  confirm 
the  subsequent  action  of  the  board  in  relation  thereto,  and  to  determine 
whether  the  location  of  sites  made  was,  under  the  circumstances,  a 
sufficient  compliance  with  the  decision.  The  phrase  "  at  or  near  "  im- 
plied that  there  might  be  a  variation  from  the  precise  point  named,  and 
when  this  variation  was  officially  approved,  it  was  binding  upon  the 
county  superintendent. 

The  provisory  decision  of  January  28,  permitted  the  board  to  exercise 
all  the  discretionary  power  in  redistricting  which  the  law  confers. 
From  their  exercise  of  this  power,  also,  the  plaintiff  appeals.  The 
record  shows  that  there  are. now  ten  .subdistricts  in  Brown  district 
township;  but  the  plaintiff  wishes  another  formed  which  shall  contain 
only  one  and  one-fourth  sections.  In  our  opinion  there  are  serious 
objections  to  the  formation  of  small  subdistricts.  The  small  number 
of  children  and  the  small  amount  of  taxable  property  which  they  will 
usually  contain,  will  insure  a  feeble  support  for  the  schools.  Cheap 
teachers,  short  terms  of  school,  and  poor  schools  will  inevitably  result. 
Not  every  man  can  have  a  public  school  in  his  own  immediate  neigh- 
borhood. It  is  better  that  children  should  go  a  little  farther,  and  have 
a  good  school  when  one  is  reached.  Except  in  peculiar  circumstances, 
we  doubt  whether  there  ever  ought  to  be  more  than  nine  subdistricts 
in  any  district  township  of  ordinary  size,  and  it  might  be  better  to  have 
only  six.  A  school  centrally  located  on  every  four  or  six  sections  of 
land,  would  afford  reasonable  facilities  to  all.  Even  in  populous  dis- 
tricts, it  would  be  better  to  increase  the  size  of  the  schools  and  have 
more  than  one  teacher  if  necessary,  than  to  adopt  the  disastrous  policy 
of  subdivision. 

The  county  superintendent  in  his  lengthy  argument  in  support  of  his 
decision,  dwells  upon  some  slight  discrepancies  in  the  secretary's 
transcript.  At  a  meeting  of  the  board,  February  8,  it  appears  that  a 
motion  was  made  to  "  proceed  to  redistrict,"  etc.  One  transcript  says 
this  motion  carried;  the  other  omits  such  a  statement.  The  county 
superintendent  alleges  that  it  was  carried  "by  only  one  vote."  Whether 
it  carried  or  not  is,  under  the  circumstances  entirely  immaterial ;  as  a 
motion  was  subsequently  unanimously  adopted,  the  ayes  and  noes 
being  called,  to  adopt  a  certain  plat  on  which  the  changed  boundaries 
of  the  subdistricts  were  marked,  and  the  school-house  sites  indicated. 
This  was  the  important  vote  of  the  meeting,  and  in  regard  to  its 
adoption  there  is  no  question.  Even  admitting  that  one  man  did  not 
vote  for  it  as  claimed,  there  was  still  left  more  than  the  legally  required 
number  of  votes.  But  the  integrity  of  an  official  record  can  not  be 


SCHOOL  LAW  DECISIONS.  47 


Elias  Sipple  v.  District  Township  of  Lester. 


impeached  by  any  such  collateral  proceeding.     It  was  error  to  admit 
evidence  contradicting  the  record. 

The  board  of  directors  had  full  discretionary  powers  in  the  matter  of 
redistricting  the  township  district,  and  the  manner  in  which  they  exer- 
cised this  power  was  a  proper  subject  of  review  by  the  county  superin- 
tendent on  appeal.  At  the  time  the  plaintiff's  affidavit  was  filed,  the 
county  superintendent  had  no  knowledge  that  the  acts  of  the  board  on 
said  8th  day  of  February  had  been  approved  by  the  superintendent  of 
public  instruction,  or  that  they  would  be  so  approved;  he  therefore 
properly  assumed  jurisdiction  of  the  case.  When,  however,  the  action 
of  the  superintendent  of  public  instruction  became  known,  the  county 
superintendent  should  have  been  governed  by  it,  and  he  should  have 
affirmed  the  action  of  the  board  of  directors  or  dismissed  the  case. 

For  reasons  heretofore  given,  as  well  as  upon  the  real  merits  of  the 
case,  and  to  promote  the  educational  interests  of  the  district  township 
at  large,  the  decision  of  the  county  superintendent  is 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 

June  8,  1868. 


ELIAS  SIPPLE  v.  DISTRICT  TOWNSHIP  or  LESTER. 
Appeal  from  Black  Hatvk  County. 

1  SUBDISTRICT  BOUNDARIES:  Change  of.  At  the  hearing  of  an  appeal 
before  the  county  superintendent  it  is  competent  for  him,  upon  his  own 
motion,  to  call  additional  witnesses  to  give  testimony. 

2.  EVIDENCE  :  ParoL    Cannot  be  received  in  the  absence  of  allegations 
of  fraud,  to  contradict  or  impeach  the  validity  of  school  district  records. 

3.  RECORD.    The  board  of  directors  may  at  any  time  amend  the  record  of 
the  district,  when  necessary  to  correct  mistakes  or  supply  omissions.    And 
may,  upon  proper  showing,  be  compelled,  by  mandamus,  to  make  such  cor- 
rections. 

At  the  regular  meeting  of  the  board  of  directors  of  the  district  town- 
ship of  Lester,  held  September  16, 1867,  which  was  attended  by  four  of 
the  seven  members  of  the  board,  motions  were  made  and  seconded  for 
the  creation  of  two  new  subdistricts  whose  boundaries  were  described 
in  the  motions.  In  regard  to  the  action  on  these  motions,  the  record 
of  the  secretary  contains  merely  the  word  "  carried.  At  a  special 
meeting  of  the  board,  held  February  15,  1868,  the  action  of  the  board 
in  September  in  relation  to  the  formation  of  new  subdistricts  was 
" reconsidered11  and  "rescinded."  From  the  February  action  Elias 
Sipple  appealed  to  the  county  superintendent.  During  the  progress 


48  SCHOOL  LAW  DECISIONS. 


Elias  Sipple  v.  District  Township  of  Lester. 

of  the  hearing,  which  took  place  March  20,  1868,  the  county  superin- 
tendent called  upon  one  of  the  four  members  of  the  board  that  at- 
tended the  September  meeting,  who  testified  that  he  did  not  vote  for 
the  motion  to  create  a  new  subdistrict.  As  it  thus  appeared  that  the 
new  subdistricts  were  not  established  by  a  vote  of  a  majority  of  all  the 
members  of  the  board,  as  required  by  law;  and  as  said  September  ac- 
tion was  rescinded  at  a  full  meeting  of  the  board  in  February,  the 
county  superintendent,  considering  the  formation  of  the  subdistricts 
illegal  and  void,  dismissed  the  appeal.  From  this  decision  Barney 
Wheeler  appeals  to  the  superintendent  of  public  instruction. 

Appellant  alleges  substantially  that  the  county  superintendent 
erred  as  follows: 

1.  In  himself  calling  a  witness  to  give  testimony. 

2.  In  receiving  testimony  to  impeach  the  district  record,  which  is 
claimed  to  be  valid  and  binding  after  thirty  days. 

3.  In  dismissing  the  appeal. 

4.  In  not  establishing  the  subdistricts. 

The  law  requires  the  county  superintendent  to  give  a  "just  and 
equitable"  decision,  and  as  the  calling  of  additional  witnesses  may 
sometimes  enable  him  to  discharge  this  duty  more  faithfully,  his  action 
in  this  respect  is  sustained. 

The  second  error  assigned  really  includes  two  distinct  points,  which 
will  be  considered  separately;  and  first,  in  regard  to  the  impeachment 
of  the  district  record.  The  law  provides  for  an  annual  meeting  of  the 
electors  of  the  district  township,  and  for  semi-annual  and  special  meet- 
ings of  the  board  of  directors;  also  that  "the  secretary  shall  record 
all  the  proceedings  of  the  board  and  district  meetings  in  separate  books 
kept  for  that  purpose."  It  is  a  general  principle  of  law  that  "  oral 
evidence  cannot  be  substituted  for  any  instrument  which  the  law  re- 
quires to  be  in  writing,  such  as  records,  public  documents,"  etc.  1 
Greenleaf's  Evidence,  §  86.  "  It  is  a  well  settled  rule  that,  where  the 
law  requires  the  evidence  of  a  transaction  to  be  in  writing,  oral  evi- 
dence cannot  be  substituted  for  that,  so  long  as  the  writing  exists  and 
can  be  produced;  and  this  rule  applies  as  well  to  the  transactions  of 
public  bodies  and  officers  as  to  those  of  individuals."  The  People  v. 
Zeyst,  23  N.  Y.,  142.  In  the  case  of  Taylor  v.  Henry,  2  Pick.,  397, 
the  supreme  court  of  Massachusetts  held  that  an  omission  in  the  rec- 
ords of  a  town  meeting  could  not  be  supplied  by  parol  evidence.  Chief 
Justice  Shaw,  in  discussing  the  case,  said  that  it  would  be  "dangerous 
to  admit  such  a  proof."  Mr.  Starkie,  in  his  valuable  treatise  on  Evi- 
dence, says:  "  Where  written  instruments  are  appointed  either  by  the 
immediate  authority  of  the  law  or  by  the  compact  of  the  parties,  to  be 
the  permanent  repositories  and  testimony  of  truth,  it  is  a  matter  both 
of  principle  and  of  policy  to  exclude  any  inferior  evidence  from  being 
used  either  as  a  substitute  for  such  instruments  or  to  contradict  or 
alter  them ;  of  principle,  because  such  instruments  are,  in  their  own 
nature  and  origin,  entitled  to  a  much  higher  degree  of  credit  than  that 
which  appertains  to  parol  evidence;  of  policy,  because  it  would  be  at- 
tended with  great  mischief  and  inconvenience,  if  those  instruments 


SCHOOL  LAW  DECISIONS.  49 


Elias  Sipple  v.  District  Township  of  Lester. 

upon  which  men's  rights  depend  were  liable  to  be  impeached  and  con- 
troverted by  loose  collateral  evidence.1'  Starkie,  part  IV,  page  995 
volume  III,  3d  Am.  Ed. 

The  reason  of  the  rule  upon  which  the  courts  agree  with  such  entire 
unanimity  applies  with  force  in  the  case  now  under  consideration. 
The  records  of  the  district  and  board  meetings  contain  a  statement  of 
the  regulations  adopted,  and  the  acts  done  in  the  exercise  of  the  powers 
with  which  the  respective  bodies  are  invested  by  the  law.  They  pre- 
sent to  all  the  citizens  of  the  district  township,  in  a  permanent  form, 
certain  and  definite  information  which  could  be  obtained,  with  equal 
certainty,  in  no  other  way.  Memory  is  defective,  but  the  secretary 
records  the  transactions  as  they  occur.  The  actors  change  from  year 
to  year,  but  the  record  is  permanent.  And  though  the  admission  of 
oral  testimony  to  alter  a  record  or  to  supply  an  omission  therein  might 
sometimes  promote  the  attainment  of  justice,  the  prevalence  of  such  a 
practice  would  result  in  more  evil  than  good.  It  is  held,  therefore1, 
that  in  the  absence  of  alleged  fraud  the  county  superintendent  errs  in 
admitting  parol  evidence  to  contradict  or  impeach  the  record  of  the 
September  meeting  of  the  board  of  directors. 

In  regard  to  the  other  part  of  the  second  point  a  few  words  will 
suffice.  The  counsel  for  appellant  urges  that  though  the  record  of  the 
September  meeting  was  imperfect,  the  lapse  of  thirty  days  made  the 
record  valid  and  binding  upon  the  district.  It  is  true  that  the  right  to 
take  an  appeal  to  the  county  superintendent  expires  after  thirty  days; 
but  I  am  unable  to  see  how  the  lapse  of  time  will  validate  what  was 
before  invalid.  The  secretary  is  the  proper  custodian  of  the  records  of 
the  school  district,  and  before  the  record  of  the  proceedings  of  the 
board  of  directors  has  been  approved  or  adopted  by  the  board  the  sec- 
retary may  amend  them  by  supplying  omissions,  or  otherwise  correct- 
ing them.  After  they  have  been  approved  they  may  be  amended  and 
corrected  by  direction  of  the  board,  even  after  the  lapse  of  thirty  days: 
In  Massachusetts  a  town  clerk  is  permitted  to  amend  the  record  in 
order  to  supply  defects,  even  after  a  suit  involving  a  question  respect- 
ing them  has  been  commenced.  I  am  of  the  opinion  that  if  the  sec- 
retary or  board  of  directors  decline  to  make  necessary  corrections  in 
the  record,  that  a  party  interested  may  proceed  by  mandamus  to  com- 
pel the  correction.  If  the  record  is  to  be  impeached  it  must  be,  in  the 
absence  of  fraud,  by  a  direct  proceeding  instituted  for  that  purpose, 
and  not  by  a  collateral  or  indirect  method.  The  People  v.  Zei/st,  23 
N.  Y.,  147-8. 

The  district  record  in  this  case  is  not  as  full  as  it  might  with  propri- 
ety be.  The  law  provides  that  the  boundaries  of  subdistricts  shall  not 
be  changed  except  by  the  vote  of  a  majority  of  the  members  of  the 
board.  The  record  fails  to  show  that  this  requirement  of  the  law  was 
complied  with  at  the  September  meeting.  The  secretary  says  the 
motion  to  redistrict  "carried."  This  is  his  opinion,  but  he  fails  to 
give  the  fact  upon  which  it  is  based.  Four  of  the  seven  members  were 
present,  but  he  does  not  say  who,  or  how  many  voted  for  the  change. 


50  SCHOOL  LAW  DECISIONS. 


Elias  Sipple  v.  District  Township  of  Lester. 

Properly  this  should  have  been  stated.  When,  however,  the  district 
record  declares  that  a  motion  was  "  carried,"  the  law  will  presume  that 
it  was  carried  in  accordance  with  the  requirements  of  the  statute; 
though  there  is  reason  to  believe  that  the  presumption  in  this  instance 
is  a  violent  one.  It  follows  that  there  was  no  legal  evidence  that  the 
subdistricts  were  not  established  in  accordance  with  law;  hence,  the 
conclusion  is  inevitable  that  the  county  superintendent  erred  in  dis- 
missing the  appeal  for  the  cause  assigned. 

At  the  commencement  of  the  trial  and  again  during  its  progress,  the 
defendant  moved  the  county  superintendent  to  dismiss  the  case  on  ac- 
count of  the  insufficiency  of  the  affidavit.  The  affidavit  of  Mr.  Sipple 
is  not  as  full  as  it  is  usual  to  make  affidavits  in  such  cases,  yet  it  "  set 
forth  the  errors  complained  of"  with  such  plainness  and  conciseness  as 
enabled  the  county  superintendent  to  obtain  the  necessary  transcripts, 
and  this  is  all  that  the  law  really  requires.  Rev.  1860,  §  2135.  It  has 
not  been  customary  heretofore  to  enforce  any  particular  form  of  affi- 
davit, and  the  county  superintendent's  ruling  refusing  to  dismiss  on 
defendant's  motion  is  sustained. 

As  the  testimony  appears  not  to  have  been  all  in  when  the  case  was 
dismissed  by  the  county  superintendent,  no  opinion  can  be  given  in 
regard  to  the  propriety  or  necessity  of  establishing  the  proposed  new 
subdistricts. 

The  case  is,  therefore,  returned  to  the  county  superintendent,  who 
will  proceed  with  the  hearing,  first  allowing  a  reasonable  time  for  the 
correction  of  the  district  record  or  for  the  enforcement  of  its  correction, 
should  such  correction  be  deemed  necessary  by  either  of  the  interested 
parties.  Should  the  district  record  be  amended  so  as  to  show  conclu- 
sively that  the  said  subdistricts  were  not  legally  formed  at  the  said 
meeting  in  September,  it  will  follow  that  the  said  subdistricts  never 
had  a  legal  existence,  and  that  the  plaintiff  could  not  be  aggrieved  by 
the  action  of  the  February  meeting,  hence  the  county  superintendent 
will  determine  the  case  in  favor  of  the  appellee.  Should  said  record 
not  be  amended,  or  should  it  be  amended  so  as  to  show  clearly  that  said 
subdistricts  were  established  in  all  respects  in  conformity  with  law,  the 
question  of  establishing  the  new  subdistricts,  or  more  properly  retain- 
ing their  organization,  will  be  determined  upon  its  merits. 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 

July  23,  1868. 


SCHOOL  LAW  DECISIONS.  5} 


E.  J.  Miner  v.  District  Township  of  Cedar. 


E.  J.  MINER  v.  DISTRICT  -  TOWNSHIP  OF  CEDAB. 
Appeal  from  Floyd  County. 

1.  CONTESTED  ELECTION:    Jurisdiction.    The  proper  method  of  deter- 
mining a  contested  election  for  school  director  is  by  an  action  brought  in  the 
district  court. 

2.  ELECTION:    Evidence  of.    The  certificate  of  the  officers  of  the  annual 
subdistrict  meeting  is  the  legal  evidence  of  election  as  subdirector,  and  as  a 
general  rule  a  board  of  directors  is  justified  in  declining  to  recognize  a  per- 
son as  a  member  of  the  board  until  he  produces  such  certificate. 

3.  EVIDENCE.    Where  the  law  requires  the  evidence  of  a  transaction  to  be 
in  writing,  oral  evidence  can  be  substituted  for  it  only  when  the  writing  can- 
not be  produced. 

At  the  regular  meeting  of  the  board  of  directors  of  the  district 
township  of  Cedar,  Floyd  county,  held  March,  1868,  E.  J.  Miner  ap- 
peared and  filed  his  oath  of  office  as  director  of  subdistrict  number 
three  of  said  district  township,  and  claimed  recognition  as  a  member 
of  the  board  from  said  subdistrict.  The  said  Miner  failed  to  present 
to  the  board  the  certificate  of  the  officers  of  the  subdistrict  meeting 
or  any  other  evidence  of  his  election,  except  his  own  verbal  statement. 
It  was  alleged  in  the  board  that  he  was  not  legally  elected.  Under 
these  circumstances,  the  board  refused  him  a  seat  and  recognized  his 
predecessor  as  holding  over.  From  this  order  the  said  Miner  appealed 
to  the  county  superintendent;  who  after  a  full  hearing  of  the  manner 
in  which  the  election  was  conducted,  reversed  the  order  of  the  board, 
and  directed  that  the  said  Miner  should  be  recognized  as  director  of 
subdistrict  number  three,  and  as  a  member  of  the  board  of  directors. 
From  this  decision  an  appeal  is  taken  by  A.  J.  Sweet,  president  of  the 
board  of  directors.  The  above  are  but  a  small  portion  of  the  facts 
presented  in  the  well  arranged  transcript  of  the  county  superintendent, 
but  yet  all  that  are  material  to  the  issues  involved. 

The  case  presented  by  these  facts  is  similar  to  that  of  Ockerman  v. 
District  Township  of  Hamilton,  and  must  be  governed  by  the  same 
principles.  It  was  there  held  that  the  only  proper  way  of  determining 
a  contested  school  election  or  the  right  of  exercising  any  public  office 
or  franchise,  is  by  an  action  in  the  nature  of  quo  warranto  brought  in 
the  district  court.  It  seems  unnecessary  to  repeat  the  arguments  there 
used.  Reference  is  made  to  that  case  as  well  as  to  the  19  Iowa,  199; 
18  Iowa.  59;  16  Iowa,  369;  17  Iowa,  365;  and  the  other  cases  there 
cited.  The  principle  involved  in  the  preceding  references  was  recog- 
nized by  the  county  superintendent,  when  he  said  in  his  decision  that 
"  the  board  of  directors  has  no  jurisdiction  to  inquire  into  the  legality 
of  the  election  of  its  members."  When  this  just  conclusion  was 
reached,  the  case  should  have  been  dismissed,  for  the  county  superin- 


52  SCHOOL  LAW  DECISIONS. 


E.  J.  Miner  v.  District  Township  of  Cedar. 

tendent  can  do  on  appeal  only  what  the  board  itself  might  legally  have 
done. 

The  county  superintendent  held  that  as  the  president  of  the  subdis- 
trict  meeting  refused  to  sign  a  certificate  of  election  for  the  said  Miner, 
that  the  board  might  receive  other  evidence  of  his  election.  In  this 
the  county  superintendent  departed  from  well  established  legal  princi- 
ples. The  school  law  provides  that  at  the  meeting  of  the  electors  of 
the  subdistrict  on  the  first  Monday  in  March,  ua  chairman  and  secre- 
tary shall  be  appointed,  who  shall  act  as  judges  of  the  election,  and 
give  a  certificate  of  election  to  the  sul)director  elect/'  It  is  a  well  settled 
rule,  that  where  the  law  requires  the  evidence  of  a  transaction  to  be  in 
writing,  oral  evidence  cannot  be  substituted  for  it  when  the  writing 
can  be  produced;  and  this  rule  applies  alike  to  the  transactions  of  pub- 
lic bodies,  officers,  and  individuals.  This  question  was  discussed  at 
some  length  in  the  case  of  Sipple  v.  District  Township  of  Lester. 
Some  of  the  references  made  are:  1  Greenleafs  Ev.,  §  86;  People 
v.  Zeyst,  23  N.  Y.,  142;  2  Pick.,  397;  and  Starkie  on  Ev.,  part  IV,  p. 
995,  volume  III,  3d  Am.  Ed. 

There  can  be  no  doubt  that  the  law  contemplates  that  the  certificate 
of  the  officers  of  the  annual  subdistrict  meeting  shall  be  the  legal 
passport  to  a  seat  in  the  board  of  directors,  and  that,  as  a  general  rule, 
a  board  of  directors  is  justified  in  declining  to  recognize  a  person  as  a 
member  of  the  board  until  such  certificate  is  produced.  If  the  certifi- 
cate has  been  given  and  lost,  the  accident  may  be  remedied  by  other 
testimony.  If  it  has  been  illegally  withheld  the  officer  may  be  coerced 
by  mandamus  to  furnish  it.  If  it  has  been  fraudulently  given  the  law 
still  provides  a  remedy. 

Nor  can  the  public  interests  suffer  by  this  construction  of  the  law; 
for  if  there  is  no  election,  or  if  there  is  a  failure  to  qualify,  the  statute 
provides  that  the  former  incumbent  in  the  office  of  director  shall  hold 
over  for  another  year. 

By  the  light  of  the  previous  principles,  it  is  evident  that  when,  under 
the  circumstances,  the  county  superintendent  proceeded  to  investigate 
the  rights  of  the  plaintiff  as  a  school  director,  he  exceeded  his  jurisdic- 
tion, and  that  his  decision  must  therefore  be  overruled.  The  law  requires 
that  the  plaintiff,  Miner,  shall  seek  his  remedy  in  the  courts.  The  de- 
cision of  the  county  superintendent  is  therefore  reversed  and  the  case 
dismissed. 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 

July  29, 1868. 


SCHOOL  LAW  DECISIONS.  53 

Chiles  Moorman  v.  District  Township  of  Belmont. 

CHILES  MOORMAN  v.  DISTRICT  TOWNSHIP  OF  BELMONT. 

Appeal  from  Warren  County. 

• 

1.  SCHOOL-HOUSE  :  Removal  of.    A  vote  of  the  electors  of  a  subdistrict  to 
remove  a  school-house,  will  not  compel  the  board  to  act  affirmatively  in  rela- 
tion thereto. 

2.  JURISDICTION.    An  application  for  an  appeal  filed  within  thirty  days 
from  the  act  of  the  board  complained  of  will  not  give  the  county  superin- 
tendent jurisdiction  of  the  case.    The  appeal  must  be  taken  by  affidavit. 

This  appeal  was  taken  to  the  county  superintendent  to  secure  the 
removal  of  the  school-house  in  subdistrict  number  eight,  of  this  district 
township. 

At  the  annual  subdistrict  meeting  in  March,  1868,  the  electors  voted 
by  a  large  majority  that  the  removal  should  be  made.  At  the  semi- 
annual meeting  of  the  board  of  directors,  held  March  16,  1868,  a  mo- 
tion to  remove  the  school-house,  in  accordance  with  the  vote  of  the 
subdistrict,  was  lost;  and  from  this  action  of  the  board  the  plaintiff, 
by  affidavit  filed  with  the  county  superintendent,  May  9, 1868,  took  an 
appeal.  Previous  to  this,  that  is  on  the  28th  of  March,  the  plaintiff 
had  filed  with  the  county  superintendent  an  "  application  for  an  ap- 
peal." The  county  superintendent  assumed  jurisdiction  of  the  case, 
and  after  a  full  hearing  reversed  the  decision  of  the  board  and  ordered 
the  removal  of  the  house.  To  this  decision  appellant  takes  excep- 
tion. 

The  power  to  locate  the  site  for  a  school-house  is  vested  in  the  board 
of  directors,  and  the  power  to  "  fix  the  site  "  carries  with  it  the  power 
to  relocate  the  site.  Vance  v.  District  Township  of  Wilton,  23  Iowa, 
408.  Hence  the  vote  of  the  subdistrict  electors  must  be  cousidered  as 
advisory  rather  than  mandatory. 

Exception  was  taken  to  the  action  of  the  county  superintendent  on 
the  ground  that  the  appeal  was  not  taken  within  the  thirty  days  required 
by  law,  and  the  record  shows  that  nearly  two  months  had  elapsed 
before  the  filing  of  the  affidavit,  which  by  law  is  made  the  basis  of  ap- 
peal. It  has  been  decided  in  previous  cases  that  the  right  of  appeal 
can  be  enjoyed  only  within  thirty  days  of  the  rendition  of  the  decision 
complained  of,  and  that  the  appeal  can  be  instituted  only  by  filing  an 
affidavit  with  the  superintendent.  Curry  v.  District  Township)  of 
Franklin;  Tunison  and  Roy  v.  District  Township  of  Wilton;  Noble  et 
al.  v.  Independent  District  of  Marshall.  Following  the  line  of  these 
decisions  we  are  compelled  to  hold  that  the  county  superintendent 
had  no  proper  jurisdiction  of  this  case,  and  that  his  action  thereon  is 
void. 

If  it  is  suggested  that  an  "  application  for  an  appeal "  was  made  be- 
fore the  expiration  of  thirty  days  from  the  board's  decision,  it  must  be 
replied  that  the  law  recognizes  no  such  step  in  the  proceedings.  The 


54  SCHOOL  LAW  DECISIONS. 


Hiram  Hall  et  al.  v.  District  Township  of  Massillon. 

law  distinctly  provides  that  the  basis  of  appeal  shall  be  "  an  affidavit, 
filed  by  the  party  aggrieved  with  the  county  superintendent  within  the 
time  allowed  for  taking  the  appeal."  The  application  for  an  appeal 
is  all  very  well,  provided  the  affidavit  itself  is  filed  within  the  time 
allowed  by  law;  but  the  filing  of  the  "  application  for  an  appeal "  is  an 
entirely  superfluous  and  unnecessary  proceeding.  (On  this  point  see 
the  note  to  section  124,  School  Laws.) 

As  the  case  was  not  properly  before  the  county  superintendent  we 
are  compelled  to  set  aside  his  decision,  and  leave  the  removal  of  the 
school-house  to  the  discretion  of  the  board  of  directors. 

REVERSED. 

D.  FRANKLIN  WELLS, 
Superintendent  of  Public  Instruction. 
September  11,  KS68. 


HIRAM  HALL  et  al.  v.  DISTRICT  TOWNSHIP  OF  MASSILLON. 
Appeal  from  Cedar  County. 

1.  NOTICE.    The  want  of  notice  is  waived  by  the  voluntary  appearance 
of  the  party  for  any  purpose  connected  with  the  cause. 

2.  SUBDISTRICTS.    The  practice  of  cutting  district  townships  into  numer- 
ous subdistricts  of  small  size,  is  detrimental  to  the  educational  progress  of 
the  state,  and  will  not  be  sustained  on  appeal. 

A  petition  was  presented  to  the  board  of  directors  of  said  district 
township  at  the  regular  meeting  in  March,  1868,  praying  for  the  erec- 
tion of  a  new  subdistrict.  Said  petition  was  laid  over  for  considera- 
tion at  the  regular  meeting  in  September.  At  the  latter  meeting  two 
petitions  in  opposition  were  presented.  A  vote  was  had  upon  the 
proposition,  which  resulted  adversely  to  the  formation  of  the  new  sub- 
district — one  vote  being  cast  in  favor  of,  and  five  votes  being  cast  against 
the  same.  From  this  action  of  the  board  Hiram  Hall  and  others  appeal 
to  the  county  superintendent,  who,  on  the  21st  day  of  October,  1868, 
made  an  order  forming  the  said  subdistrict  in  accordance  with  the 
prayer  of  the  petition,  and  the  board  appeal. 

There  was  a  motion  for  a  continuance  made  on  the  hearing  before 
the  county  superintendent,  based  upon  an  alleged  want  of  notice,  which 
motion  was  overruled,  and  the  parties  proceeded  to  trial.  The  over- 
ruling of  this  motion  is  one  of  the  errors  assigned  on  this  appeal. 

The  want  of  notice,  if  there  was  any,  was  waived  by  the  voluntary 
appearance  of  the  party  making  the  motion,  and  as  the  opposite  party 
proposed  to  admit  everything  expected  to  be  proven,  in  case  of  a  con- 
tinuance being  granted,  no  injustice  resulted,  and  therefore  this  error 
is  not  sustained. 


SCHOOL  LAW  DECISIONS.  55 


Z.  W.  Remington  v.  District  Township  of  Boomer. 

The  decision  of  the  county  superintendent  will  be  reversed,  however, 
on  other  grounds. 

The  proposed  new  subdistrict  embraces  but  two  and  one-half  sec- 
tions of  land,  inhabited  by  fifteen  families,  having  in  all  but  twenty- 
seven  persons  between  the  ages  of  five  and  twenty-one  years;  not 
enough  to  maintain  a  good  school. 

The  practice  of  cutting  district  townships  into  numerous  subdistricts. 
of  small  size,  is  detrimental  to  the  educational  progress  of  the  state. 
It  increases  the  number  of  schools,  and  correspondingly  reduces  the 
number  of  pupils  in  each  school,  by  reason  of  which,  teachers  of  a 
lower  grade  must  be  employed,  poorer  school-houses  built,  or  the  ex- 
pense of  carrying  on  the  schools  greatly  increased.  Experience  has 
demonstrated  that  it  is  better  to  have  fewer  subdistricts  with  better 
school-houses,  and  teachers  of  a  high  standard  of  qualifications,  than 
to  have  more  and  smaller  subdistricts,  poor  houses,  small  schools,  and 
teachers  of  low  grade. 

It  is  impossible  in  country  districts  to  place  a  school-house  in  every 
man's  door-yard — so  to  speak.  Some  must  of  necessity,  be  more  re- 
mote from  schools  than  others.  From  the  plat  submitted  in  this  case 
it  appears  the  farthest  any  scholars  residing  within  the  limits  of  the 
proposed  subdistrict  have  to  go  to  reach  the  school-houses  now  in  use, 
is  about  one  and  one-half  miles,  and  this  is  less  than  the  average  dis- 
tance the  children  of  most  subdistricts  in  the  state  have  to  travel  in 
going  to  and  returning  from  school.  See  further  the  case  of  Gordon 
v.  District  Toirnship  of  Brown,  and  Markley  v.  District  Township  of 
Ludloic. 

REVERSED. 

LEWIS  I.  COULTER, 
Acting  Superintendent  of  Public  Instruction. 

January  27,  1869. 


Z.  W.  REMINGTON  v.  DISTRICT  TOWNSHIP  OF  BOOMER. 
Appeal  from  Pottaivattamie  County. 

1.  JURISDICTION.    The  county  superintendent  has  not  jurisdiction  of 
cases  involving  a  money  demand. 

2.  SCHOOL  ORDERS.    When  improperly  issued  by  the  board  of  directors, 
the  proper  remedy  is  an  injunction  from  the  civil  courts. 

The  case  presented  by  the  record  is  this:  On  the  12th  day  of  Octo- 
ber, the  board  of  directors  of  Boomer  district  township  met  in  special 
session  and  made  a  settlement  with  one  L.  S.  Axtell,  who  was  the  con- 
tractor for  the  erection  of  certain  school-houses  in  said  district  town- 
ship. From  the  action  of  the  board,  Z.  W.  Remington  appealed  to  the 


56  SCHOOL  LAW  DECISIONS. 


Richard  Huskins  v.  District  Township  of  Fremont. 

county  superintendent.  The  superintendent  dismissed  the  appeal  upon 
the  ground  that  the  settlement  with  Axtell  was  for  a  money  demand, 
and  therefore  involved  a  question  over  which  he  could  exercise  no 
jurisdiction.  Remington  again  appeals. 

If  there  was  anything  wrong  in  the  action  of  the  board  issuing 
orders  in  favor  of  Axtell  for  the  payment  of  his  claim  for  building  the 
school-houses  that  would  render  them  invalid,  plaintiff's  remedy,  if 
any,  would  have  been  by  injunction  to  restrain  the  payment  of  such 
orders,  or  by  some  other  proper  action  in  the  civil  courts,  and  not  by 
appeal  to  the  county  superintendent,  as  the  latter  tribunal  is  not  clothed 
by  the  statute  with  authority  to  inquire  into  or  determine  the  validity 
of  school  orders.  The  county  superintendent,  therefore,  very  properly 
decided  to  dismiss  the  appeal,  and  his  order  in  the  case  is  hereby 

AFFIRMED. 
A.  S.  KISSELL, 
Superintendent  of  Public  Instruction. 

May  17,  1870. 


RICHARD  HUSKINS  v.  DISTRICT  TOWNSHIP  OF  FREMONT. 
Appeal  from  Johnson  County. 

SUBDISTRICT  BOUNDARIES.  It  requires  an  affirmative  vote  of  a  majority 
of  all  the  members  of  the  board  to  effect  a  change  in  subdistrict  boundaries. 

The  board  of  directors  of  the  district  township  of  Fremont,  John- 
son county,  Iowa,  passed  an  order  erecting  a  new  subdistrict,  to  be 
called  number  eight,  from  parts  of  numbers  three  and  six  of  said  dis- 
trict township.  From  this  order  Richard  Huskins  et  al.  appealed  to 
the  county  superintendent,  who  entertained  a  hearing  of  the  case  upon 
its  merits,  and  after  visiting  the  territory,  rendered  a  decision  affirm- 
ing the  action  of  the  board.  From  this  decision  said  Richard  Huskins 
takes  an  appeal  to  this  tribunal. 

From  the  transcript  it  appears  that  in  course  of  the  trial  before  the 
county  superintendent,  the  fact  was  developed  that  of  the  six  members 
constituting  the  board  of  directors,  but  four  were  present  at  the  special 
meeting  called  for  the  purpose  of  changing  the  district  boundaries,  and 
that  of  these  four,  only  three  voted  for  the  order  erecting  the  new  sub- 
district. 

During  the  trial,  a  motion  was  made  to  dismiss  the  case  on  the 
ground  of  alleged  illegality  of  the  action  of  the  board,  as  not  in  com- 

§liance  with  the  provision  of  section  31,  of  the  School  Laws  of  Iowa, 
aid  motion  was  overruled  by  the  county  superintendent,  on  the  as- 
sumption that  said  section,  when  properly  interpreted,  requires  sim- 
ply an  affirmative  vote  of  a  legally  constituted  quorum  of  the  board  at 


SCHOOL  LAW  DECISIONS.  57 


Hiram  Dayton  v.  District  Township  of  Cedar. 


a  meeting  lawfully  called,  for  the  purpose  of  changing  the  boundaries 
of  a  district,  and  not  an  affirmative  vote  of  a  majority  of  the  whole 
board.  The  whole  case  turns  upon  the  decision  of  'this  point. 

In  the  case  of  Dupray  v.  District  Township  of  Franklin,  School 
Journal,  April,  1870,  a  decision  was  rendered  by  the  superintendent 
of  public  instruction,  in  accordance  with  such  an  interpretation  of  sec- 
tion 31  as  makes  it  require  an  affirmative  vote  of  the  majority  of  all 
the  members  of  the  board  to  effect  a  change  in  district  boundaries. 
See  also  note  (b)  to  section  24,  School  Laws  of  Iowa.  The  testimony 
shows  that  the  resolution  ordering  the  erection  of  a  new  subdistrict 
did  not  receive  the  legal  number  of  votes  required  to  secure  its  adoption, 
and  the  decision  of  the  county  superintendent  is  therefore 

REVERSED. 
A.  S.  K1SSELL, 
Superintendent  of  Public  Instruction. 

November  21,  1870. 


HIEAM  DAYTON  v.  DISTRICT  TOWNSHIP  OF  CEDAR. 
Appeal  front   Washington  County. 

APPEAL.  Where  changes  are  effected  in  district  boundaries  by  the  con- 
current action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the 
board  concurring  or  refusing  to  concur,  but  not  from  the  order  of  the  board 
taking  action  first. 

On  the  18th  day  of  September,  1871,  the  board  of  directors  of  the 
district  township  of  Cedar,  Washington  county,  passed  a  resolution  to 
attach  a  portion  of  subdistrict  number  three  to  subdistrict  number 
ten,  in  the  same  township. 

On  the  14th  day  of  October,  Hiram  Dayton  appealed  from  the  action 
of  the  board  to  the  county  superintendent,  who,  on  the  12th  day  of 
December,  1871,  on  motion  of  appellee,  dismissed  the  case  for  want  of 
jurisdiction. 

From  this  decision  an  appeal  is  taken  to  the  superintendent  of  pub- 
lic instruction. 

From  the  transcript  it  appears  that  the  subdistrict  number  three, 
concerning  which  the  appeal  is  taken,  is  one  of  those  school  districts 
formed  prior  to  March,  1858,  and  for  which  special  provision  was 
made  when  our  present  district  township  system  was  ad  opted.  It  con- 
sists of  about  three  sections  of  land  in  Cedar  township  and  nearly  the 
same  amount  in  Seventy-six  township,  with  its  school -house  in  Cedar, 
and  hence  all  under  the  control  of  the  district  township  of  Cedar  for 
school  purposes. 


58  SCHOOL  LAW  DECISIONS. 


Hiram  Dayton  v.  District  Township  of  Cedar. 

Section  89,  School  Laws,  provides  that  "  the  boundaries  of  such  sub- 
district  shall  not  be  changed,  except  with  the  concurrence  of  the  boards 
of  directors  of  the  townships  interested." 

The  board  resolved  that  the  west  half  of  sections  eighteen,  nineteen, 
and  thirty,  lying  in  subdistrict  number  three,  be  attached  to  subdis- 
trict  number  ten  for  school  purposes. 

The  appellant  in  his  affidavit  alleges  among  other  errors  committed 
by  the  board,  that  they  erred  in  attempting  to  attach  this  tract  to  num- 
ber ten,  for  the  reason  that  said  act  was  in  effect  dividing  the  subdis- 
trict without  the  concurrence  of  the  board  of  directors  of  Seventy-six 
township,  and  therefore  illegal. 

The  attorneys  for  appellee  file  a  demurrer  to  the  affidavit  "  because 
the  said  affidavit  shows  that  the  concurrent  action  of  the  two  boards  is 
necessary  to  divide  said  subdistrict,11  that  this  resolution  being  only 
the  initiative  act,  does  not  divide  the  district,  and  is  without  force  till 
concurred  in  by  the  other  board,  that  no  appeal  can  be  had  from  an 
incomplete  action,  and  that  the  appellant  had  as  yet  suffered  no  griev- 
ance, and  had  no  ground  of  appeal. 

The  county  superintendent  sustained  the  demurrer  and  dismissed  the 
case  for  want  of  jurisdiction. 

This  case  involves  an  interesting  question,  and  one,  we  believe,  not 
hitherto  determined  by  this  department,  viz.:  In  those  changes  of 
boundaries  requiring  the  concurrent  action  of  two  boards,  from  which 
action,  if  any,  will  an  appeal  lie? 

In  a  somewhat  analogous  case,  Dobbins  and  Briygs  v.  District 
Toivnship  of  Salem,  a  petition  was  presented  to  a  board  of  directors 
to  change  the  boundaries  between  a  district  township  and  an  independ- 
ent district,  the  petition  was  refused;  an  appeal  was  taken  to  the 
county  superintendent,  who  not  only  reversed  their  action,  but  decided 
to  do  more  than  the  one  board  could  have  done,  and  ordered  the 
changes  to  be  made. 

This  decision,  we  think,  was  very  properly  reversed;  for  the  reason 
that  the  county  superintendent  coul'd  not  do  on  appeal  what  was  clearly 
beyond  the  power  of  the  board,  from  which  the  appeal  was  taken,  the 
concurrence  of  another  board  being  necessary  to  complete  the  action. 
Another  question,  however,  wholly  distinct  from  this,  is,  has  a  county 
superintendent  any  jurisdiction  in  such  a  case  ?  Can  he  properly  affirm 
or  reverse  the  decision  of  a  board  that  initiates  a  movement  which  is 
completed  or  not  at  the  option  of  another  board?  After  careful  con- 
sideration we  are  forced  to  the  conclusion  that  he  cannot.  That  an 
appeal  will  not  lie  from  an  order  of  a  board  of  directors  making  a  change 
in  district  township  boundaries,  where  the  concurrence  of  another 
board  is  necessary  to  make  the  change.  Otherwise  a  county  superin- 
tendent may  have  to  entertain  and  decide  upon  two  appeals  in  one  and 
the  same  case.  This,  in  our  opinion,  would  lead  to  confusion  and 
unnecessary  litigation.  The  law  provides  that  "  any  person  aggrieved 
by  any  decision  or  order  of  the  district  board  of  directors,  in  matter 
of  law,  or  fact,  may  appeal  therefrom  to  the  county  superintendent." 
But  if  the  order  or  decision  is  simply  the  initiative  movement,  though 


SCHOOL  LAW  DECISIONS.  59 


W.  W.  Harvey  v.  District  Township  of  Stapleton. 

the  action  is  not  void,  it  remains  inoperative,  and  without  force,  until 
concurred  in,  and  does  not  of  itself  constitute  a  cause  of  grievance. 
In  our  opinion,  equal  and  full  justice  will  be  secured  in  all  such  cases, 
if  the  appeal  is  taken  only  from  the  action  of  the  board  concurring  or 
refusing  to  concur  with  the  former  action  of  another  board  interested. 
From  this  we  believe  an  appeal  should  lie. 

In  the  case  before  us,  if  the  board  of  directors,  as  alleged  in  the 
affidavit,  seek  to  do  an  illegal  act,  or  refuse  to  perform  any  duty 
imposed  by  law,  they  can  be  restrained  by  injunction,  or  compelled  to 
do  their  duty  by  a  resort  to  the  civil  courts. 

It  is  therefore  held  that  the  county  superintendent  properly  dismissed 
the  case  for  want  of  jurisdiction,  and  his  decision  is  therefore 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

March  22,  1872. 


W.  W.  HARVEY  v.  DISTRICT  TOWNSHIP  OF  STAPLETON. 
Appeal  from  Chickasaiv  Count y. 

1.  AFFIDAVIT.    May  be  amended  in  the  discretion  of  the  county  superin- 
tendent. 

2.  SUBDISTRICT.    When  a  subdistrict  composed  of  four  sections  of  land 
has  built  its  own  school-house,  it  should  not  be  consolidated  with  another  as 
a  temporary  expedient  to  avoid  the  expense  of  maintaining  a  school. 

3.    .    The  formation  of  small  or  irregularly  shaped  subdistricts 

should  be  avoided. 

Upon  the  petition  of  William  Fox  and  others,  the  board  of  directors 
of  the  district  township  of  Stapleton,  Chickasaw  county,  on  the  6th 
day  of  February,  1872,  changed  the  boundaries  of  subdistricts,  whereby 
numbers  six  and  seven  were  consolidated. 

Appeal  was  taken  from  this  action  by  W.  W.  Harvey,  to  the  county 
superintendent,  who  on  the  25th  day  of  March,  1872,  reversed  their 
action.  The  board,  through  their  president,  Michael  Burns,  appeal  to 
the  superintendent  of  public  instruction. 

The  irregularity  of  the  notice  to  the  members  of  the  board  will  not 
invalidate  their  action.  It  is  held  that  the  superintendent  did  not  err 
in  permitting  the  affidavit  to  be  amended.  Smith  r.  District  1  own- 
ship  of  Maquoketa. 

The  evidence  adduced  at  the  trial  before  the  county  superintendent 
aids  but  little  in  determining  whether  the  action  of  the  board  or  that 
of  the  county  superintendent  will  best  promote  the  interest 
district. 


60  SCHOOL  LAW  DECISIONS. 


W.  P.  Davis  v.  District  Township  of  Madison. 

The  board  seem  to  have  decided  that  the  school  in  subdistrict  num- 
ber six  might  for  the  present  be  discontinued  and  proceeded  to  incor- 
porate that  district  with  number  seven,  but  it  appears  to  have  been 
only  a  temporary  expedient,  for  the  purpose  of  avoiding  the  expense  of 
an  additional  school.  If  one  school  would  suffice  for  the  two  subdis- 
tricts,  the  board  might,  doubtless,  have  obtained  the  consent  of  the 
county  superintendent  to  discontinue  the  school  in  number  six,  and 
permit  those  of  its  pupils  who  reside  farthest  from  the  school-house  in 
number  seven,  to  attend  school  in  the  adjoining  subdistricts.  It  is 
greatly  to  be  regretted  that  townships  are  often  divided  into  small  sub- 
districts  before  such  action  is  demanded  by  the  best  interests  of  the 
residents.  The  efficiency  of  the  schools  would  be  increased  and  the 
expense  diminished  if  boards  of  directors  in  new  and  thinly  populated 
townships  would  avoid  the  formation  of  small  subdistricts. 

But  when  a  subdistrict  has  been  formed  containing  four  sections, 
and  a  good  school-house  has  been  built  in  the  center,  especially  if  built 
as  in  this  case  by  the  subdistrict  itself,  boards  should  act  with  extreme 
deliberation,  in  making  such  changes  as  will  require  the  removal  of 
school-houses. 

The  district  formed  by  the  board  February  6, 1872,  consists  of  seven 
and  one-half  sections  of  land,  and  contains  according  to  the  plat,  six- 
teen families. 

The  area  is  not  considered  too  great  when  so  thinly  populated,  but 
the  length  of  the  subdistrict  as  compared  to  its  width  and  its  irregular 
outline  is  a  very  objectionable  feature,  not  only  causing  inconvenience 
to  the  residents  of  this  subdistrict,  but  also  preventing  the  formation 
of  subdistricts  of  compact  form  from  territory  immediately  adjoining. 

The  board  of  directors  may  at  their  next  regular  meeting  in  Septem- 
ber, redistrict  the  township,  or  so  much  of  it  as  may  be  necessary, 
making  the  subdistricts  as  compact  and  regular  in  shape  as  practicable, 
otherwise  the  decision  of  the  county  superintendent  is 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

July  25,  1872. 


W.  P.  DAVIS  v.  DISTRICT  TOWNSHIP  OF  MADISON. 
Appeal  from  Fremont  County. 

1.  CONTRACTS.    Contracts  for  the  erection  of  school-houses,  made  by  a 
subdirector  or  committee,  require  the  approval  of  the  board. 

2.  SCHOOL  FUNDS:  Disbursement  of.    The  treasurer  is  the  proper  cus- 
todian of  all  funds  belonging  to  the  district,  and  can  legally  pay  them  out 
only  upon  orders  specifying  the  fund  on  which  they  are  drawn  and  the  spe- 
cific use  to  which  they  are  applied.    The  board  cannot  authorize  the  subdi- 
rector to  use  the  public  funds  for  any  purpose. 


SCHOOL  LAW  DECISIONS. 


W.  P.  Davis  v.  District  Township  of  Madison. 


3.  CLAIMS.    Just  claims  against  the  district  can  be  enforced  only  in  the 
courts  of  law. 

4.  SUBDISTRICT.    A  subdistrict  is  not  a  corporate  body,  and  has  no  con- 
trol of  any  public  fund. 

The  electors  of  the  district  township  of  Madison,  Fremont  county, 
on  the  llth  day  of  March,  1871,  voted  a  tax  of  two  and  one-half  mills 
on  the  taxable  property  of  the  district  township,  for  school-house  pur- 
poses, and  directed  that  three  hundred  dollars  of  the  amount  thus 
raised  should  be  used  for  the  erection  of  a  school-house  in  subdistrict 
number  nine. 

March  20,  1871,  W.  P.  Davis,  subdirector  of  subdistrict  number 
nine,  was  appointed  a  committee  to  build  a  school-house  in  said  sub- 
district.  The  house  having  been  completed,  at  a  special  meeting  of 
the  board  held  June  1,  1872,  it  was  moved  that  the  report  of  the  com- 
mittee be  received,  and  the  school-house  be  accepted;  also,  that  the 
secretary  be  instructed  to  draw  an  order  on  the  treasurer  for  three 
hundred  dollars,  for  subdistrict  number  nine.  Both  motions  were  lost, 
from  which  action  the  said  W.  P.  Davis  appealed  to  the  county  super- 
intendent, who,  on  the  9th  day  of  August,  1872,  reversed  the  action 
of  the  board. 

The  district  township,  through  its  president,  W.  H.  Gandy,  appeals 
to  the  superintendent  of  public  instruction. 

The  history  of  this  case  very  fully  illustrates  the  loose  and  irregular 
manner  in  which  school  officers  too  frequently  transact  official  busi- 
ness. Section  15  of  the  School  Laws  provides  that  the  board  of  direc- 
tors "  shall  make  all  contracts,  purchases,  payments,  and  sales  necessary 
to  carry  out  any  vote  of  the  district,  but  before  erecting  any  school- 
house  they  shall  consult  with  the  county  superintendent  as  to  the  most 
approved  plan  of  such  building." 

If  the  contract  is  made  by  a  subdirector  or  committee  of  the  board, 
it  should  in  all  cases  be  approved  by  the  board  before  work  is  com- 
menced. 

A  misapprehension  often  exists  as  to  the  manner  in  which  school 
funds  should  be  disbursed.  The  treasurer  is  the  proper  custodian  of  all 
funds  belonging  to  the  district  township,  and  the  law  provides  that  he 
u  shall  pay  no  order  which  does  not  specify  the  fund  on  which  it  is 
drawn,  and  the  specific  use  to  which  it  is  applied,"  i.  e.  for  work  done, 
material  furnished,  or  the  like. 

The  board  are  also  required  to  "audit  and  allow  all  just  claims 
against  the  district,  and  no  order  shall  be  drawn  on  the  district  treasury 
until  the  claim  for  which  it  is  drawn  has  been  so  audited  and  allowed." 
This  rule  applies  equally  where  funds  are  voted  by  the  district  town- 
ship for  the  purpose  of  building  school-houses  in  particular  subdis- 
tricts,  also  where  taxes  have  been  raised  on  the  property  of  subdistricts 
in  accordance  with  the  proviso  of  section  twenty-eight. 

Such  funds,  or  so  much  of  them  as  may  be  required  to  carry  out  the 
vote  of  the  electors,  should  be  devoted  to  the  specific  object  for  which 


SCHOOL  LAW  DECISIONS. 


Sylvester  Gullet  v.  District  Township  of  Hilton. 


they  were  voted,  but  the  disbursement  should  in  all  cases  be  under  the 
direction  and  authority  of  the  board. 

Boards  have  no  authority  to  give  subdirectors  money  to  use  in  their 
subdistricts  for  building  school-houses  or  any  other  purpose,  nor  sub- 
directors  to  use  money  so  received.  A  subdistrict  is  not  a  corporate 
body,  and  has  no  control  of  any  public  fund. 

If  Davis  has  a  just  claim  against  the  district  township  of  Madison 
which  the  board  of  directors  refuse  to  allow,  or  if  the  board  refuse  to 
apply  the  amount  voted  by  the  electors  to  the  specific  object  for  which 
it  was  designed,  viz. :  the  erection  of  a  school-house  in  subdistrict  num- 
ber nine,  the  civil  courts  only  can  furnish  a  means  of  redress. 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

October  30,  1872. 


SYLVESTER  GULLET  v.  DISTRICT  TOWNSHIP  OF  HILTON. 
Appeal  from  Iowa  County. 

CONTRACTS.  The  terms  of  a  contract  may  be  changed  by  agreement  of  the 
•contracting  parties.  If  either  party  seeks  to  evade  or  change  its  terms,  with- 
out the  consent  and  to  the  prejudice  of  the  other,  the  remedy  is  a  suit  at  law. 

At  a  meeting  of  the  board  of  directors  held  November  7,  1872,  a 
resolution  was  adopted,  fixing  the  rates  to  be  paid  to  teachers  upon 
contracts  made  by  the  subdirectors  for  the  winter  term,  at  thirty  dollars 
per  month  for  teachers  holding  first  class  certificates,  and  at  twenty- 
eight  dollars  per  month  for  teachers  holding  second  class  certificates. 
It  appears  that  under  this  order  several  of  the  sabdirectors  entered  into 
contracts  with  teachers.  At  a  meeting  of  the  board  held  December  28, 
1872,  they  rescinded  their  former  action,  and  adopted  an  order  making 
thirty  dollars  and  thirty-five  dollars  the  respective  rates  to  be  paid; 
from  this  order  appeal  was  taken  to  the  county  superintendent,  who 
affirmed  the  action  of  the  board,  and  Sylvester  Gullet  appeals  to  the 
superintendent  of  public  instruction. 

There  is  no  allegation  of  prejudice  or  fraud,  nor  does  it  appear  from 
the  transcript  that  the  board  were  influenced  by  any  improper  motive ; 
the  only  questions  presented  are: 

First,  Had  the  board  authority  to  adopt  a  resolution  changing  the 
terms  of  contracts  already  made? 

If  so,  Second,  Did  they,  in  fixing  the  rates  adopted  at  the  meeting 
last  held,  exceed  their  authority,  abuse  their  discretionary  power,  or  act 
with  manifest  injustice? 

As  regards  the  first  question,  the  board  have,  through  the  sub- 
director,  exclusive  jurisdiction  in  contracting  with  teachers  and  deter- 


SCHOOL  LAW  DECISIONS. 


63 


J.  D.  Caldwell  v.  Stephen  Peebles,  County  Superintendent. 


mining  the  prices  to  be  paid;  the  original  contracting  parties  have  an 
undoubted  right  to  change  the  terms  of  a  contract  by  mutual  agree- 
ment. If  either  party  seeks  to  evade  or  change  its  terms,  without  the 
consent  and  to  the  prejudice  of  the  other,  the  remedy  is  a  suit  at  law. 
In  fixing  the  rates  to  be  paid  at  thirty  dollars  and  thirty-five  dollars,  it 
is  believed  that  the  board  in  no  manner  exceeded  their  authority,  abused 
their  discretionary  power,  or  acted  with  injustice.  The  decision  of  the 
county  superintendent  is  therefore 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 
May  21,  1873. 


J.  D.  CALDWELL  v.  STEPHEN  PEEBLES,  COUNTY  SUPERINTENDENT. 
Appeal  from  Mills  County. 

1.  REVOCATION  OF  TEACHER'S  CERTIFICATE.    A  teacher's  certificate  can 
be  legally  revoked  only  upon  proof  of  charges  of  which  he  has  had  personal 
notice,  and  against  which  he  has  had  the  opportunity  to  make  his  defense. 

2.    .    A  person  addicted  to  the  use  of  intoxicating  liquors  who  even 

occasionally  becomes  intoxicated  is  not  likely  to  promote  correct  moral 
teaching  in  the  public  schools  by  his  example,  nor  to  possess  such  moral 
character  as  to  entile  him  to  a  teacher's  certificate. 

Complaint  having  been  made  to  the  county  superintendent  that  J. 
D.  Caldwell,  a  teacher,  was  addicted  to  the  use  of  intoxicating  liquors, 
an  examination  of  the  charges  was  made  May  10,  1873,  as  provided  by 
law,  the  result  of  which  was  the  revocation  of  Mr.  C  aid  well's  cer- 
tificate. Mr.  Caldwell  appeals  to  the  superintendent  of  public  instruc- 
tion. 

We  need  not  comment  upon  the  testimony  in  the  trial,  since  the 
county  superintendent  admits  that  the  specifications  contained  in  the 
complaint  were  not  sustained.  Facts,  however,  were  developed  inci- 
dentally, in  the  examination  of  witnesses,  apart  from  the  direct  issues 
involved,  to  satisfy  the  county  superintendent  that  the  defendant  does 
not  possess  a  good  moral  character,  and  we  are  not  sure  but  his  con- 
clusions are  properly  deducible  from  the  evidence. 

The  law,  however,  providing  for  the  revocation  of  certificates,  re- 
quires that  it  shall  only  be  "  after  an  investigation  of  facts  in  the  case, 
of  which  investigation  the  teacher  shall  have  personal  notice,  and  he 
shall  be  permitted  to  be  present  and  make  his  defense." 

In  this  instance,  certain  charges  were  preferred  in  an  information,  of 
which  the  teacher  had  due  notice,  and,  as  it  appears,  successfully  de- 
fended himself  against  the  charges  made,  and  there  rested  his  case. 


64  SCHOOL  LAW  DECISIONS. 


James  Bunn  v.  District  Township  of  Douglas. 

It  is,  perhaps,  doubtful  if  the  superintendent  has  the  authority  to 
revoke  a  certificate  upon  evidence  incidentally  developed  in  the  trial, 
however  damaging  in  its  nature,  the  substance  of  which  was  not  con- 
tained in  the  original  notice,  and  against  which  no  defense  was  at- 
tempted. 

We  fully  agree  with  the  superintendent  that  a  person  addicted  to 
the  use  of  intoxicating  liquors,  who  even  occasionally  becomes  intoxi- 
cated, and  who  is  in  the  habit  of  visiting  disreputable  beer  saloons,  does 
not  possess  that  degree  of  moral  character  to  entitle  him  to  a  teacher's 
certificate  under  our  statute.  We  cannot  too  highly  commend  the  efforts 
of  county  superintendents  to  promote  correct  moral  teaching  in  the 
public  schools  through  the  example  of  the  teacher. 

Disqualifications  of  this  nature  should  be  fully  proved,  and  in  the 
manner  prescribed  by  law;  and  we  reluctantly  set  aside  this  decision, 
believing  that  the  superintendent  was  actuated  by  worthy  motives,  and 
did  the  act  solely  with  a  view  to  promote  the  good  of  the  schools,  and 
in  the  conscientious  discharge  of  a  public  duty. 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

May  31,  1873. 


JAMES  BUNN  .v.  DISTRICT  TOWNSHIP  OF  DOUGLAS. 
Appeal  from  Ida  County. 

1.  CONTRACTS.    The  district  township  is  bound  by  the  contract  of  the 
subdirector  when  made  according  to  instructions  of  the  board. 

2.    .    If  a  subdirector  enter  into  a  contract  on  behalf  of  the  district, 

without  authority  of  the  board,  he  does  so  at  his  own  risk ;  such  contract  is 
not  binding  upon  the  district  unless  approved  by  the  board. 

3.  RULES  AND  REGULATIONS.    The  power  to  prescribe  rules  and  regula- 
tions for  the  government  of  the  board  is  not  a  function  of  the  electors.    A 
rule  adopted  by  the  board,  and  not  a  provision  of  law,  may  be  modified  at 
the  option  of  the  board. 

A  contract  for  furnishing  the  school-houses  in  subdistricts  numbers 
one  and  two  with  new  seats,  was  approved  by  the  board  of  directors; 
the  county  superintendent,  upon  appeal,  affirmed  this  action  of  the 
board;  James  Buiin  appeals  to  the  superintendent  of  public  instruc- 
tion. 

It  is  claimed  by  the  appellant: 

1.     That  the  contract  was  made  without  authority  from  the  board. 


SCHOOL  LAW  DECISIONS. 


D.  K.  Taylor  v.  Independent  District  of  Eldon. 


2.  That  new  seats  could  not  be  legally  purchased  without  a  vote  of 
the  electors. 

3.  That  by  rule  of  the  board  public  notice  should  be  given  before 
making  any  contract,  except  with  teachers. 

The  district  township  is  bound  by  the  contract  of  the  subdirector 
when  made  and  entered  into  according  to  the  specific  instructions  and 
directions  of  the  board.  Thompson  v.  Linn,  35  Iowa,  361. 

If  a  subdirector  enters  into  a  contract  on  behalf  of  the  district,  with- 
out being  authorized  by  the  board,  he  does  so  at  his  own  risk;  such 
contract  is  not  binding  upon  the  district  unless  approved  by  the  board; 
being  approved,  however,  the  district  becomes  responsible  for  the  per- 
formance of  the  contract  on  its  part.  Affirmative  action  of  the  elec- 
tors is  not  required  by  law  before  the  board  of  directors  can  procure 
new  seats  for  a  school-house.  Sec.  42,  School  Laws  of  1872,  note  (a), 
also  notes  (a)  and  (b)  to  section  1848. 

It  appears  from  the  transcript  that  the  rule  mentioned  was  adopted 
and  prescribed  by  the  district  township  meeting,  and  not  by  the  board 
of  directors;  the  power  to  prescribe  rules  and  regulations  for  the  gov- 
ernment of  the  board  of  directors,  except  as  specifically  named  in  the 
law,  is  not  a  function  of  the  electors  when  assembled  at  the  district 
township  meeting.  Any  rule  adopted  by  the  board,  and  not  a  provis- 
ion of  law,  may  be  modified  or  disregarded  at  the  option  of  the  board. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

December  2,  1873. 


D.  K.  TAYLOR  v.  INDEPENDENT  DISTRICT  OF  ELDON. 
Appeal  from  Wapello  County. 

1.  APPEAL.    Appeal  may  be  taken  from  an  action  of  the  board  which 
authorizes  the  making  of  a  contract,  but  not  from  a  subsequent  action  or 
order  complying  with  the  terms  of  a  contract  previously  made ;  nor  from  an 
action  authorizing  the  issuance  of  an  order  in  payment  of  a  debt  contracted 
by  previous  action  of  the  board. 

2.    A  case  whose  sole  purpose  is  to  determine  the  validity  of  an 

order  on  the  district  treasury,  or  the  equity  of  a  claim,  cannot  be  enter- 
tained on  appeal  to  the  county  superintendent;  the  courts  of  law,  alone,  can 
furnish  an  adequate  remedy. 

Prom  the  transcript  it  appears  that  on  the  3d  day  of  December, 
1873,  the  board  passed  an  order  authorizing  the  payment  of  five  per 
cent  commission  for  negotiating  the  district  bonds,  and  on  the  same 
day  another  order  authorizing  D.  P.  Stubbs  to  negotiate  said  bonds. 

On  the  3d  day  of  February,  1874,  the  board  passed  an  order  instruct- 


SCHOOL  LAW  DECISIONS. 


A.  Beard  et  al.  v.  District  Township  of  Washington. 


ing  the  president  and  secretary  to  draw  an  order  for  $90  on  the  district 
treasury  in  favor  of  said  D.  P.  Stubbs,  for  services  rendered  in  nego- 
tiating said  bonds,  in  accordance  with  the  previous  action  of  the  board 
on  December  3,  1873.  From  the  action  of  the  board  in  issuing  said 
order  of  $90  this  appeal  was  taken. 

The  county  superintendent  dismissed  the  case,  on  the  ground  that  it 
was  an  action  authorizing  the  payment  of  money,  and  a  decision 
thereon  would  be  equivalent  to  rendering  a  judgment  for  money,  which 
is  prohibited  by  the  provisions  of  section  1836,  Code.  D.  K.  Taylor 
again  appeals. 

Appeal  may  be  taken  from  any  action  of  the  board  which  authorizes 
the  making  of  a  contract,  but  not  from  a  subsequent  action  or  order 
complying  with  the  terms  of  a  contract  previously  made;  or  from  an 
action  authorizing  the  issuance  of  an  order  in  payment  of  a  debt  con- 
tracted by  a  previous  action  of  the  board. 

The  order  appealed  from  in  this  case  is  not  a  new  action  of  the 
board,  but  a  necessary  result  of  the  order  of  December  3,  1873.  If  the 
first  action  was  legal  and  proper,  the  last  is  both  proper  and  necessary, 
the  services  having  been  performed.  Any  interested  party  might  have 
appealed,  at  the  proper  time,  from  the  action  of  December  3,  authoriz- 
ing the  payment  of  five  per  cent  commission  for  negotiating  bonds  or 
authorizing  the  appointment  of  an  agent  therefor.  But  the  time  for 
an  appeal  (thirty  days)  having  expired,  appeal  cannot  now  be  taken 
from  the  subsequent  action,  which  is  simply  carrying  out  their  pre- 
vious action,  and  the  terms  of  the  contract  made  thereunder. 

In  the  case  of  Winters  et  al.  v.  District  Township  of  Clay,  it  is  held 
that,  to  determine  the  validity  of  an  order  on  the  district  treasury,  or 
the  equity  of  a  claim,  is  equivalent  to  the  rendition  of  a  judgment  for 
money,  and  a  case  whose  sole  purpose  is  to  determine  this  question 
cannot  be  entertained  on  appeal;  that  the  courts  of  law  alone  can  fur- 
nish an  adequate  remedy,  if  the  law  has  been  violated,  or  the  interests 
of  the  district  have  suffered  by  the  making  of  contracts  or  the  issuing 
of  orders  for  money  on  the  treasury. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

May  5,  1874. 


A.  BEARD  et  al.  v.  DISTRICT  TOWNSHIP  OF  WASHINGTON. 
Appeal  from  Ring  gold  Count)]. 

1.  SUBDISTRICT  BOUNDARIES.    Subdistrict  boundaries  can  be  changed 
only  by  affirmative  vote  of  a  majority  of  all  the  members  of  the  board  of 
directors. 

2.  APPEAL.    Appeal  will  not  be  entertained  from  the  action  of  the  board 
in  rescinding  a  previous  illegal  action. 


SCHOOL  LAW  DECISIONS.  57 


E.  Watson  v.  District  Township  of  Exira. 


The  board  of  directors  of  the  aboVe  named  district  consists  of  four 
members.  On  the  24th  day  of  January,  1874,  three  members  of  the 
board  met,  pursuant  to  notice,  for  the  purpose  of  forming  a  new  sub- 
district  to  consist  of  sections  27,  28,  33,  and  34.  Upon  motion  to  estab- 
lish said  subdistrict,  two  of  the  members  voted  in  the  affirmative  and 
one  in  the  negative;  by  this  action  the  subdistrict  was  considered  as 
formed,  and  was  so  entered  upon  the  record.  On  February  14,  the 
board  met  pursuant  to  notice,  for  the  purpose  of  reconsidering  their 
action  of  January  24.  Upon  motion  that  the  action  of  the  board  in 
establishing  said  subdistrict  be  annulled,  three  members  voted  in  the 
affirmative,  and  one  in  the  negative.  From  this  action  appeal  was  taken 
to  the  county  superintendent,  who  simply  reversed  the  action  of  the 
board.  I.  F.  Howell  et  al.  appeal  to  the  superintendent  of  public  in- 
struction. 

Section  1738,  School  Laws  of  1873,  provides  that  the  boundaries  of  sub- 
districts  shall  not  be  changed,  except  by  a  vote  of  the  majority  of  the 
board.  Therefore,  the  subdistrict  in  question  was  not  legally  estab- 
lished by  the  action  of  the  board  of  January  24;  their  subsequent 
action  relative  thereto  may  properly  be  considered  as  simply  correcting 
the  records  of  the  meeting.  Neither  would  the  action  of  the  county 
superintendent  in  reversing  such  action,  have  the  effect  to  establish  the 
subdistrict. 

Since  the  action  of  the  board  was  entirely  proper  under  the  circum- 
stances in  making  such  correction,  the  decision  of  the  county  superin- 
tendent is  hereby 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  PubUc  Instruction. 

June  4,  1874. 


E.  WATSON  v.  DISTRICT  TOWNSHIP  OF  EXIRA. 
Appeal  from  Audition  County. 

PUNISHMENT.  The  punishment  of  a  pupil  with  undue  severity,  or  with 
an  improper  instrument  is  unwarrantable,  and  may  serve,  in  some  degree,  to 
indicate  the  animus  of  the  teacher. 

Charges  were  preferred  against  E.  Watson,  a  teacher  in  the  schools 
of  the  district  above  named,  for  harsh  and  unreasonable  punishment 
of  a  pupil;  upon  investigation  the  teacher  was  discharged;  from  this 
action  of  the  board  he  appealed  to  the  county  superintendent  who 
reversed  their  action.  The  district  appeals  to  the  superintendent  of 
public  instruction. 

From  the  evidence,  it  appears  that  the  pupil,  upon  whom  t  e  pun- 
ishment was  inflicted,  was  a  boy  thirteen  years  of  age,  and  that  the 


68  SCHOOL  LAW  DECISIONS. 


Sanford  Harwood  v.  Independent  District  of  Charles  City. 

offense  was  such  that  punishment  was  deserved.  The  instrument  se- 
lected for  inflicting  punishment  was  a  hickory  stick,  three-fourths  of  an 
inch  in  diameter  at  one  end,  and  one-half  inch  at  the  other,  and  fifteen 
or  eighteen  inches  long.  The  punishment  was  inflicted  by  striking 
upon  the  palm  of  the  hand  from  eight  to  twelve  strokes.  It  appears 
that  the  boy's  hand  was  thereby  disabled  for  some  days. 

It  is  alleged  by  the  teacher,  that  the  punishment  was  inflicted  for  the 
good  of  the  school,  and  that  it  was  without  malice  on  his  part.  We 
consider  the  selection  of  such  an  instrument  for  the  punishment  of  a 
pupil  injudicious,  unwarrantable,  and  dangerous,  and  that  consequences 
might  be  fraught  with  the  gravest  results,  and  that  such  selection  may 
serve  in  some  degree,  to  indicate  the  animus  of  the  teacher. 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

June  6,  1874. 


SANFORD  HARWOOD  v.  INDEPENDENT  DISTRICT  OF  CHARLES  CITY. 
Appeal  from  Floyd  County. 

1.  PUNISHMENT  :  Right  to  inflict  upon  pupils.    The  right  of  the  parent  to 
restrain  and  coerce  obedience  in  children  applies  equally  to  the  teacher,  or  to 
any  one  who  acts  in  loco  parentis. 

2.  RULES  AND  REGULATIONS.    Boards  of  directors  and  their  agents,  the 
teachers,  may  establish  reasonable  rules  for  the  government  of  schools  and 
the  control  of  pupils. 

3. .  The  teacher  has  the  right  to  require  a  pupil  to  answer  ques- 
tions which  tend  to  elicit  facts  concerning  his-  conduct  in  school. 

4.  .  The  pupil  is  answerable  for  acts  which  tend  to  produce  merri- 
ment in  the  school  or  to  degrade  the  teacher. 

6.  -  — .  Open  violation  of  the  rules  of  the  school  cannot  be  shielded 
from  investigation  under  the  plea  that  it  invades  the  rights  of  conscience. 

6.  BOARD  OF  DIRECTORS.  The  board  should  be  sustained  in  all  legiti- 
mate and  reasonable  measures  to  maintain  order  and  discipline,  to  uphold 
the  rightful  authority  of  the  teacher,  and  to  prevent  or  suppress  insubordi- 
nation in  the  school. 

This  case  involves  .the  right  of  a  teacher  to  require  a  pupil  to 
answer  questions  concerning  his  conduct  in  school,  or  to  testify  against 
himself. 

Burritt  Harwood,  a  member  of  the  high  school  department,  having 
broken  certain  rules  of  the  school,  was  suspended  by  the  superintend- 
ent for  refusing  to  answer  a  question  relating  thereto.  The  pupil's 


SCHOOL  LAW  DECISIONS. 


Sanford  Harwood  v.  Independent  District  of  Charles  City. 


father  petitioned  the  board  of  directors  to  restore  the  pupil.  The  board 
having  investigated  the  facts  adopted  the  following: 

"  Resolved,  That  the  school  board  sustain  Prof.  Shepard  in  his  sus- 
pension of  Burritt  Harwood.  provided,  Burritt  Harwood  be  reinstated 
if  he  answer  the  question,  for  the  refusal  to  answer  which  he  was  sus- 
pended, subject  to  such  further  action  as  may  be  taken  by  the  princi- 
pal or  school  board  for  making  and  circulating  the  caricature."  The 
president  and  four  other  members  voting  for,  and  one  against  the 
resolution.  From  this  action  of  the  board,  S.  Harwood  appealed  to 
the  county  superintendent,  who  reversed  their  action.  The  board, 
through  their  president,  appeal  to  the  superintendent  of  public  instruc- 
tion. 

The  power  of  the  parent  to  restrain  and  coerce  obedience  in  children 
cannot  be  doubted,  and  it  has  seldom  or  never  been  denied.  This 
principle  applies  equally  to  the  teacher  or  to  any  one  who  acts  in  loco 
parentis.  Boards  of  directors  and  their  agents,  the  teachers,  may 
establish  all  reasonable  and  proper  rules  for  the  government  of  schools, 
and  to  control  the  conduct  of  pupils  attending  the  same.  "  Any  rule 
of  the  school  not  subversive  of  the  rights  of  the  children  or  parents, 
or  in  conflict  with  humanity  and  the  precepts  of  divine  law,  which 
tends  to  advance  the  object  of  the  law  in  establishing  public  schools, 
must  be  considered  reasonable  and  proper."  Bur  dick  v.  Babcock,  31 
Iowa,  562. 

The  superintendent  had  occasion  to  leave  the  high  school  in  charge 
of  his  assistant  while  he  should  attend  to  official  duties  elsewhere. 
On  his  return  about  4  p.  M.,  the  assistant  reported  that  there  had  been 
much  disorder  on  the  part  of  some  of  the  pupils,  and  that  she  had  re- 
quired several  of  the  pupils  to  remain  and  report  their  misdemeanors 
to  the  superintendent.  Burritt  Harwood  being  called  upon,  said,  in 
substance,  I  have  two  misdemeanors  to  report:  I  threw  snow  into  the 
lower  hall  during  recess,  and  I  passed  a  piece  of  paper  across  the  aisle 
to  my  brother's  desk.  Both  are  recognized  as  violations  of  the  rules 
of  the  school.  The  nature  and  magnitude  of  the  first  are  readily 
discernible  and  need  no  further  investigation;  not  so  of  the  second, 
much  depends  upon  the  character  of  the  "  piece  of  paper,"  whether 
simply  blank  paper,  or  containing  writing,  or  other  marks;  being  asked 
to  state  the  nature  of  the  paper,  he  at  first  answered  evasively.  Being 
further  questioned,  he  replied  that  it  was  "  pictorial";  that  it  was  a 
"  burlesque  or  caricature,"  that  "  it  represented  the  school-house  and 
some  person  or  persons,"  that  "the  person  or  persons  represented  were 
connected  with  the  school."  The  further  question  "  whom  he  had  in- 
tended to  burlesque,"  after  some  hesitation,  he  declined  to  answer. 
For  this  act  of  disobedience  he  was  suspended. 

The  question  which  he  refused  to  answer  appears  to  differ  in  no  es- 
sential feature  from  those  previously  answered.  By  it  the  teacher 
simply  sought  to  discover  an  additional  fact  in  connection  with  the 
case.  If  he  had  a  right  to  ask  the  former  he  had  the  latter.  If  there 
is  any  reason  why  the  pupil  had  the  right  or  should  claim  the  privilege 
of  declining  to  answer  the  last,  he  should  have  stated  it.  Certainly  no 


70  SCHOOL  LAW  DECISIONS. 


Sanford  Harwood  v.  Independent  District  of  Charles  City. 

good  reason  appears  from  the  nature  of  the  offense,  and  the  degree  of 
punishment  which  it  merited  depended  upon  the  information  which  the 
teacher  sought  to  obtain  by  this  and  the  previous  question.  If  the  pa- 
per contained  simply  the  solution  of  a  problem  or  something  connected 
with  his  lesson,  it  merited  one  degree  of  punishment;  if  its  purpose 
was  to  create  merriment  among  the  pupils,  thus  diverting  their  atten- 
tion from  their  studies,  it  required  another  degree;  if  by  it  the  pupil 
sought  to  bring  ridicule  upon  a  teacher,  to  the  prejudice  of  the  good 
order  and  government  of  the  school,  still  another;  each  would  be  a 
violation  of  rules,  but  not  each  equally  punishable.  The  claim  of  ap- 
pellee that  it  was  an  attempt  to  pry  into  the  secrets  of  the  heart,  and 
was  a  violation  of  the  right  of  conscience,  is  scarcely  sustained  by  the 
facts.  The  question  "whom  did  you  intend  to  represent,"  is  essen- 
tially equivalent  to  "  whom  did  you  represent.1 '  Its  purpose  evidently 
was  not  to  find  out  the  thought  or  intent,  but  the  act  of  the  pupiL 
The  question  was  simply,  what  was  the  character  of  the  picture  drawn 
and  circulated  to  the  disturbance  of  the  school.  It  does  not  appear 
how  the  rights  of  conscience  would  be  violated  in  answering  the  ques- 
tion. It  may  be  true  that  the  picture  itself  if  produced,  would  furnish 
the  best  evidence,  but  the  teacher  clearly  had  the  right,  in  its  absence, 
and  knowing  nothing  of  its  nature  beyond  what  the  pupil  had  already 
revealed,  to  seek  this  information  directly  and  immediately  by  proper 
questions.  Nor  can  the  pupil  shield  himself  under  the  provision  of 
the  law  that  a  prisoner  at  the  bar  cannot  be  compelled  to  answer  ques- 
tions which  will  tend  to  render  him  criminally  liable  or  expose  him  to 
public  ignominy.  He  is,  in  no  proper  sense  accused  of  crime  before  a 
court  of  law,  authorized  to  sit  in  judgment  under  a  criminal  code. 

The  picture,  which  was  afterwards  produced,  reveals  anything  but  a 
right  spirit  in  the  pupil.  Probably  no  one  who  has  seen  it  doubts  that 
it  is  a  coarse  caricature  of  the  superintendent  and  his  assistant.  His 
refusal  to  answer  was  evidently  not  that  he  could  not  conscientiously 
do  so,  nor  that  it  would  tend  to  criminate  himself,  but  was  a  deliberate 
act  of  insubordination.  All  the  attendant  circumstances,  the  evasive 
and  studied  replies  to  the  superintendent's  questions,  the  caricature 
itself,  and  its  circulation  through  the  school  during  the  absence  of  the 
superintendent,  together  with  a  previous  malicious  caricature  of  the 
same  nature,  all  reveal  a  disregard  for  the  regulations  of  the  school, 
the  respectful  conduct  due  from  a  pupil,  and  an  animus  toward  the 
teacher  anything  but  proper. 

In  pur  opinion  unnecessary  stress  was  laid,  in  the  trial  before  the 
superintendent,  upon  the  technical  ground  of  suspension  by  the  super- 
intendent. The  board  having  had  the  whole,  subject  under  investiga- 
tion, including  statements  of  the  offenses  from  both  the  superintendent 
and  the  pupil,  sustained  the  superintendent,  or  in  other  words,  sus- 
pended the  pupil  conditionally  from  the  school,  as  they  probably  had  a 
right  to  do  for  any  one  of  the  offenses  named.  This  being  a  discretion- 
ary act,  due  weight  must  be  given  to  such  action  by  an  appellate  tri- 
bunal, especially  should  the  board  be  sustained  in  all  legitimate  and 


SCHOOL  LAW  DECISIONS. 


N.  D.  Purdham  v.  District  Township  of  Jackson. 


reasonable  measures  to  maintain  order  and  discipline,  to  uphold  the 
rightful  authority  of  the  teacher,  and  to  prevent  or  suppress  insubor- 
dination in  the  school. 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 
June  8,  1874. 


N.  D.  PURDHAM  v.  DISTRICT  TOWNSHIP  OF  JACKSON. 
Appeal  from  Sac  County. 

APPEAL.  Appeal  will  not  lie  from  the  neglect  of  the  board  to  act  on  a 
petition. 

A  special  meeting  of  the  board  of  directors  of  the  above  named  dis- 
trict was  held  March  23,  1874,  to  consider  a  petition  asking  the  re- 
moval of  the  school-house  in  subdistrict  number  three.  The  board 
decided  not  to  move  the  school-house.  On  the  28th  day  of  the  same 
month  another  meeting  of  the  board  was  held,  and  a  petition  was  pre- 
sented by  N.  D.  Purdham,  again  asking  the  removal  of  the  school- 
house  mentioned.  From  the  secretary's  transcript  it  appears  that  no 
official  action  was  taken  by  the  board  relating  to  this  petition ;  where- 
upon, N.  D.  Purdham  appealed  to  the  county  superintendent,  who  en- 
tertained the  appeal  and  ordered  the  removal  of  the  school-house  as 
requested  by  the  petitioners;  from  this  decision  the  district  township 
appeals. 

The  law  provides:  "Any  person  aggrieved  by  any  decision  or  order 
of  the  district  board  of  directors  in  matter  of  law,  or  of  fact,  may 
within  thirty  days  after  the  rendition  of  such  decision,  or  making  of 
such  order,  appeal  therefrom  to  the  county  superintendent  of  the  proper 
county." 

If  no  official  action  is  taken,  regarding  a  petition  presented  to  the 
board  of  directors,  no  appeal  will  lie,  neither  can  the  county  super- 
intendent acquire  jurisdiction  of  the  subject-matter  of  such  petition 
upon  the  filing  of  an  affidavit  with  him.  As  the  want  of  action  on  the 
part  of  the  board  is  decisive  of  this  case,  it  is  unnecessary  to  discuss 
other  points  raised.  The  decision  of  the  county  superintendent  is  re- 
versed and  the  case  dismissed. 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

July  7,  1874. 


72  SCHOOL  LAW  DECISIONS. 

T.  J.  Rook  v.  District  Township  of  Liberty. 

T.  J.  KOOK  v.  DISTRICT  TOWNSHIP  OF  LIBERTY. 
Appeal  from  Clarke  County. 

SCHOOL-HOUSE  TAX.  All  taxes  voted  by  the  district  township  meeting 
must  be  apportioned  among  the  subdistricts.  All  taxes  voted  by  the  sub- 
district  meeting  which  the  district  township  neglects  or  refuses  to  grant, 
must  be  certified  and  levied  upon  the  subdistrict.  The  board  have  no  option 
but  to  obey  the  requirements  of  the  law. 

Under  the  provisions  of  section  1778,  School  Laws  of  1874,  the  electors 
of  subdistrict  number  six,  of  the  above  named  district  township,  voted 
to  raise  the  sum  of  four  hundred  dollars  for  the  erection  of  a  school- 
house;  the  sum  was  properly  certified  to  the  district  township  meeting, 
which  refused  to  grant  the  request.  The  board  of  directors  certified 
the  amount  to  the  board  of  supervisors  to  be  levied  directly  upon  the 
subdistrict  making  the  request.  From  this  action  appeal  was  taken  to 
the  county  superintendent  who  affirmed  the  action  of  the  board.  T. 
J.  Rook  appeals. 

The  errors  alleged  to  have  been  committed  are: 

1.  That  the  township  electors  neglected  or  refused  to  grant  the  re- 
quest of  the  electors  of  subdistrict  number  six. 

2.  That  the  board  refused  to  apportion  the  amount  voted  by  the 
subdistrict  among  the  subdistricts  of  the  township. 

It  is  wholly  discretionarj7  with  the  township  electors  whether  such 
requests  are  granted  or  not;  from  their  action  no  appeal  can  be  taken. 
If  they  vote  to  grant  such  request,  the  amount  must  be  apportioned  by 
the  board  among  the  subdistricts  of  the  township;  if  they  neglect  or 
refuse  to  grant  it,  the  amount  must  be  certified  to  the  board  of  super- 
visors, to  be  levied  directly  upon  the  subdistrict  making  the  request. 
Section  1778,  School  Laws  of  1874. 

The  board  of- directors  have  no  option  in  such  case;  it  is  their  duty 
simply  to  obey  the  requirements  of  the  law. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 
October  5,  1874. 


SCHOOL  LAW  DECISIONS.  *  73 


Henry  Brewer  et  al.  v.  District  Township  of  Washington. 


HENRY  BREWER  et  al.  v.  DISTRICT.  TOWNSHIP  OF  WASHINGTON. 
Appeal  from  Van  Bur  en  County. 

REHEARING.  The  county  superintendent  may,  for  sufficient  cause,  grant 
a  rehearing. 

The  action  of  the  board  in  refusing  to  form  a  new  subdistrict,  num- 
ber two,  of  the  above  named  district  township,  was  affirmed  by  the 
county  superintendent. 

After  the  rendition  of  the  decision  a  motion  and  affidavit  were  filed 
by  the  appellants  asking  that  a  new  trial  be  granted,  the  affiants  al- 
leging that  the  evidence  was  not  properly  taken  down  at  the  time  of 
the  trial;  also,  that  new  evidence  had  been  discovered,  materially  af- 
fecting the  question  at  issue.  The  motion  was  granted  by  the  county 
superintendent. 

At  the  subsequent  trial  the  appellee  filed  a  motion  to  dismiss  the  case 
upon  the  following  grounds: 

"1.  That  no  sufficient  affidavit  was  filed  in  the  first  instance,  and 
that  the  superintendent  never  acquired  jurisdiction. 

u  2.     The  rehearing  was  granted  without  authority  of  law." 

This  motion  was  overruled  by  the  superintendent.  The  trial  resulted 
as  before,  in  the  affirmance  of  the  action  of  the  board.  Henry  Brewer 
et  al.  appeal. 

At  the  trial  before  the  superintendent  of  public  instruction  the  ap- 
pellee filed  a  motion  to  dismiss  the  case  upon  the  ground: 

1.  That  the  county  superintendent  had  no  jurisdiction  to  grant  a 
new  trial. 

2.  That  if  he  had  authority  to  grant  a  new  trial,  it  could  only  be 
for  sufficient  cause,  and  that  no  such  cause  was  shown. 

It  is  held  that  the  county  superintendent  may,  for  sufficient  cause, 
grant  a  new  trial,  and  in  so  doing  should  be  governed  by  the  principles 
and  rules  pertaining  to  courts  of  law,  so  far  as  the  same  are  applicable. 
Although  some  doubts  may  exist  as  to  the  sufficiency  of  the  reasons 
assigned  for  granting  a  new  trial  in  this  case,  and  of  the  regularity  of 
the  proceedings,  yet,  since  the  second  trial  resulted  as  the  first,  and  was 
without  prejudice  to  the  interests  of  the  appellee,  the  discretion  of  the 
county  superintendent  will  not  be  interfered  with;  the  case  is,  there- 
fore, properly  before  the  superintendent  of  public  instruction  for  a 
consideration  of  its  merits. 

From  a  careful  examination  of  the  evidence,  it  is  found  that  the  in- 
justice complained  of  is  not  of  such  a  character  as  to  require  any  in- 
terference with  the  action  of  the  board,  or  of  the  county  superintend- 
ent AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

February  11,  1875. 
10 


74  SCHOOL  LAW  DECISIONS. 


John  8.  David  v.  Independent  District  of  Burlington. 


JOHN  S.  DAVID  v.  INDEPENDENT  DISTRICT  OF  BURLINGTON. 
Appeal  from  Des  Monies  County. 

1.  SCHOOL.    Every  person  between  the  ages  of  five  and  twenty-one  years 
has  the  right  to  attend  school  in  the  district  in  which  he  resides,  regardless 
of  considerations  relating  to  race,  nationality,  the  holding  of  property,  or  the 
payment  of  taxes. 

2.  • .    The  payment  of  school  taxes  does  not  entitle  non-residents  to 

school  privileges. 

3.    .    The   board   have   authority    to   determine  when,  and   upon 

what  terms,  non-resident  pupils  may  attend  the  schools  of  their  district. 

This  appeal  is  brought  to  compel  the  board  of  directors  of  the  inde- 
pendent district  of  Burlington  to  admit  into  the  public  schools  of  said 
district  appellant's  children,  without  payment  of  tuition,  on  the  ground 
that  he  is  a  large  tax-payer  in  the  district:  the  county  superintendent 
having  affirmed  the  action  of  the  board  in  refusing  to  admit  them. 

The  appellant  resides  about  a  mile  beyond  the  limits  of  the  independ- 
ent district  of  Burlington,  and  near  the  school  in  his  own  district;  but 
he  claims  that  this  school  is  not  of  suitable  grade  for  his  children. 

The  law  requires  the  board  of  directors  to  provide  school  facilities 
for  all  the  children  in  their  own  district,  and  contemplates  that  they 
shall,  in  all  cases,  determine  whether  children  who  are  not  residents, 
shall  be  permitted  to  attend  the  schools  thereof,  and  upon  what  terms. 
Section  1793. 

It  is  claimed  by  the  appellant  that  his  children  are  entitled  to  attend 
school  in  the  independent  district  of  Burlington  without  the  payment 
of  tuition,  for  the  reason  that  he  owns  property  in  said  independent  dis- 
trict, and  pays  taxes  thereon;  and  if  the  payment  of  taxes  could  ever 
entitle  a  person  to  such  privileges,  it  doubtless  would  in  this  case,  as 
he  introduces  the  certificate  of  the  county  auditor  to  show  that  his 
school  taxes  for  1874  were  $406.08.  There  is,  however,  no  provision 
of  law  upon  which  to  base  such  claim;  nor  would  such  provision  well 
accord  with  the  spirit  of  our  laws  relating  to  public  schools.  These 
laws  are  founded  upon  the  broad  principle  that  every  person  in  the 
state  between  the  ages  of  five  and  twenty-one  years,  is  entitled  to  the 
privilege  of  attending  the  public  schools. 

This  principle  is  wholly  unencumbered  by  an}7  considerations  relat- 
ing to  race,  nationality,  the  holding  of  property,  or  the  payment  of 
taxes. 

To  prevent  confusion  and  the  over-crowding  of  particular  schools,  it 
is  necessary  to  point  out  what  school  each  pupil  has  the  right  to  at- 
tend. A  more  equitable  rule  could  not  have  been  devised,  than  that 
which  prescribes  that  the  pupil  may  attend  school  in  the  district  in 
which  he  resides.  The  simplicity  and  equity  of  this  rule  are  apparent. 


SCHOOL  LAW  DECISIONS. 


75 


W.  R.  Jamison  v.  District  Township  of  Pittsford. 


Every  person  has  one  place  of  residence,  and  no  more;  the  place  of 
residence  is  generally  determined  without  difficulty,  and  is  not  usually 
abandoned  for  trivial  causes. 

To  introduce  any  conditions  into  the  laws  dependent  upon  property 
considerations,  would  be  to  outrage  the  fundamental  principles  of  our 
free  school  system. 

To  further  promote  the  convenience  of  the  people,  and  to  give  elas- 
ticity to  the  rule,  the  board  of  directors  may,  when  circumstances  re- 
quire, permit  non-resident  pupils  to  attend  the  schools  of  their  district. 

AFFIRMED. 

ALGNZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 
February  20,  1875. 


W.  R.  JAMISON  v.  DISTRICT  TOWNSHIP  OF  PITTSFORD. 
Appeal  from  Butler  Countij. 

SUBDISTRICT.  The  area  of  a  subdistrict  which  contains  less  than  fifteen 
pupils,  cannot  legally  be  reduced,  even  though  by  such  reduction  no  pupils 
are  transferred. 

The  county  superintendent  reversed  the  action  of  the  board,  chang- 
ing subdistrict  boundaries  so  as  to  form  two  additional  subdistricts.  S. 
B.  Dumont  and  A.  L.  Bickford  appeal. 

Previous  to  the  action  of  the  board  from  which  appeal  was  taken, 
the  district  township  of  Pittsford  was  divided  into  six  subdistricts,  in 
one  of  which,  number  three,  there  reside  but  twelve  persons  of  school 
age.  Territory  was  taken  from  this  subdistrict  in  the  formation  of 
each  of  the  two  additional  subdistricts  which  were  designated  number 
seven  and  number  eight.  Eight  persons  of  school  age  reside  upon  the 
territory  taken  from  number  three,  in  the  formation  of  number  eight; 
but  none  upon  the  territory  which  was  allotted  to  number  seven. 
Section  1725,  School  Laws  of  1874,  provides  that  "no  subdistrict  shall  be 
created  for  the  accommodation  of  less  than  fifteen  pupils." 

The  creation  of  such  subdistrict  by  reducing  one  already  formed, 
is,  in  our  opinion,  as  fully  prohibited  by  this  provision  as  is  the  formation 
of  a  new  subdistrict  containing  less  than  fifteen  pupils.  If  it  is  con- 
ceded that  by  a  change  of  boundaries  a  subdistrict  is  not  identical  with 
the  one  which  existed  prior  to  such  change,  but  is  in  some  measure  a 
new  subdistrict.  it  follows  that  the  territory  of  any  such  subdistrict 
which  existed  previous  to  the  taking  effect  of  this  law,  cannot  be  in- 
vaded, whether  by  such  action  pupils  are,  or  are  not  transferred  to 
another  subdistrict. 


76  SCHOOL  LAW  DECISIONS. 


A.  B.  Reed  et  al.  v.  District  Township  of  Union. 


Other  questions  are  raised,  but  as  the  one  already  considered  is  de- 
cisive of  the  case,  any  further  discussion  is  unnecessary. 
The  decision  of  the  county  superintendent  is 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 
June  11,  1875. 


A.  B.  REED  et  al.  v.  DISTRICT  TOWNSHIP  OF  UNION. 
Appeal  from  Mahaska  County. 

1.  SUB  DISTRICTS.    Other  things  being  equal,  both  territory  and  school  pop- 
ulation should  be  about  equally  divided  among  the  subdistricts  of  a  district 
township. 

2.    .    One    subdistrict    should    not    ordinarily    have    an    excess 

over  the  average  subdistrict  of  the  district  township  botJt  in  territory  and 
school  population,  nor  should  it  lack  in  both. 

The  action  of  the  board  in  changing  subdistrict  boundaries  was 
affirmed  by  the  county  superintendent;  from  this  decision  A.  B.  Reed 
appeals. 

Previous  to  the  action  of  the  board,  from  which  appeal  was  taken, 
subdistrict  number  seven  comprised  two  sections  of  land,  upon  which 
reside  about  forty  persons  of  school  age.  The  board  added  three  sec- 
tions from  snbdistrict  number  three,  upon  which  reside  some  thirty 
pupils,  leaving  but  three  sections  and  about  twenty-two  pupils. 

It  is  claimed  that  by  this  increase  of  area  in  subdistrict  number 
seven  to  five  sections,  and  the  consequent  increase  of  pupils  to  seventy, 
a  portion  of  the  latter  are  deprived  of  school  privileges.  This  leads  to 
a  consideration  of  the  proper  basis  and  manner  of  dividing  a  district 
township  into  subdistricts.  It  would  seem,  other  things  being  equal, 
that  both  territory  and  school  population  should  be  about  equally  di- 
vided among  the  subdistricts  of  the  district  township.  When  the 
population  is  not  uniformly  distributed,  which  is  generally  the  case, 
it  would  appear  that  no  one  subdistrict  should  have  an  excess  over 
the  average  subdistrict  of  the  district  township,  both  in  territory  and 
in  school  population;  nor  should  any  one  subdistrict  lack  both  in  ter- 
ritory and  in  school  population,  unless  by  reason  of  some  controlling 
circumstance.  The  location  of  public  roads,  streams,  or  any  other 
obstruction,  should  always  be  taken  into  consideration.  In  this  case, 
area  and  school  population  are  the  only  essential  elements.  The  aver- 
age area  of  a  subdistrict  in  the  township,  is  four  and  one-half  sections. 

The  school  population,  according  to  the  last  annual  report  of  the 
county  superintendent,  averages  57.5  to  each  subdistrict.  Hence,  we 
find  that  subdistrict  number  seven  lacked  both  in  area  and  school 


SCHOOL  LAW  DECISIONS.  77 


J.  W.  Hubbard  v.  District  Township  of  Lime  Creek. 


population,  and  that  its  boundaries  should  have  been  enlarged;  but  we 
also  find  that  the  subdistrict  from  which  territory  was  taken,  was  re- 
duced below  the  average,  both  in  school  population  and  in  area,  while 
the  subdistrict  thus  enlarged,  is  in  excess  in  both. 

We  trust  that  the  board  will,  as  soon  as  practicable,  remove  these 
inequalities  by  a  redivision  of  the  entire  district  township  into  subdis- 
tricts.  Questions  as  to  the  validity  of  the  action  of  the  board  are  also 
raised,  but  we  do  not  find  that  they  have,  in  any  manner,  acted  con- 
trary to  the  requirements  of  law. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 
June  21,  1875. 


J.  W.  HUBBARD  v.  DISTRICT  TOWNSHIP  OF  LIME  CREEK. 
Appeal  from  Cerro  Gordo  County. 

1.  APPEAL.    The  execution  by  the  board  of  the  vote  of  the  electors  upon 
matters  within  their  control,  is  mandatory ;  from  such  action  of  the  board  no 
appeal  can  be  taken.    If  such  action  is  tainted  with  fraud,  an  application  to  a 
court  of  law  is  the  proper  remedy. 

2.  BOARD  OF  DIRECTORS.    The  board,  though  not  bound  by  a  vote  of  the 
electors  directing  the  precise  location  of  a  school-house  site,  are  required  to 
so  locate  it  as  to  accommodate  the  people  for  whom  designed. 

3.    .    If,  in  the  selection  of  a  site,  the  board  violate  law  or  abuse 

their  discretionary  power,  their  action  may  be  reversed  on  appeal. 

The  electors  of  the  district  township  voted  a  tax  to  build  a  school- 
house  on  what  is  known  as  the  Simons  road,  near  where  it  crosses  the 
Central  railroad.  On  a  separate  motion,  the  board  were  instructed  to 
sell  the  school-house  known  as  number  three.  In  accordance  with  the 
first  mentioned  action,  the  board  located  a  school-house  site  on  said 
road,  fifty  feet  from  said  crossing.  From  this  action  appeal  was  taken; 
the  appellant  claiming  it  to  be  a  relocation  of  the  site  known  as  num- 
ber three;  and  that  such  action  was  with  the  express  intention  of  sell- 
ing the  school-house  and  abandoning  the  site  thereof.  The  county 
superintendent  reversed  the  action  of  the  board.  From  this  decision 
the  district  township  appeals. 

The  district  township  coincides  with  a  congressional  township,  in 
boundaries  and  extent,  and  is  comprised  in  one  subdistrict.  It  is 
claimed  that  the  action  of  the  district  township  meeting  did  not  repre- 
sent the  wishes  of  the  people;  that  there  are  ninety-five  voters  in  the 
district,  and  but  twenty-seven  were  present  at  such  meeting;  also,  that 
in  the  location  of  the  site,  the  board  did  not  consult  the  convenience 
of  the  people. 


78  SCHOOL  LAW  DECISIONS. 


E.  Gosting  v.  District  Township  of  Lincoln. 

Section  1717,  School  Laws,  1874,  provides,  that  the  electors  of  the 
district,  when  legally  assembled  at  the  district  township  meeting,  shall 
have  power  u  To  direct  the  sale,  or  other  disposition  to  be  made  of  any 
school-house,  or  the  site  thereof,  and  of  such  other  property,  personal 
and  real,  as  may  belong  to  the  district." 

Section  1723  provides  that  the  board  of  directors  "  shall  make  all 
contracts,  purchases,  payments,  and  sales,  necessary  to  carry  out  any 
vote  of  the  district." 

Section  1724  provides  that  the  board  of  directors  "  shall  fix  the  site 
for  each  school-house,  taking  into  consideration  the  geographical  posi- 
tion and  convenience  of  the  people  of  each  portion  of  the  subdistrict." 

The  execution  of  the  vote  of  the  electors  by  the  board  is  mandatory; 
from  their  action  in  so  doing  no  appeal  can  be  taken.  In  case  such 
action  is  in  any  manner  tainted  with  fraud,  an  application  to  a  court 
of  law  is  the  proper  remedy. 

The  power  to  locate  school-house  sites  is  vested  originally  in  the 
board  of  directors.  Although  the  board  have  authority  to  locate  school- 
house  sites,  yet  money  legally  voted  by  the  electors  for  a  specific  pur- 
pose, must  be  expended  in  accordance  with  such  vote;  if  voted  to  erect 
a  school-house,  in  a  certain  subdistrict,  it  cannot  legally  be  used  to 
build  a  school-house  in  another;  while  any  directions  of  the  voters 
attempting  to  locate,  precisely,  a  school-house  site,  are  void,  yet  the 
board  is  bound  so  to  locate  it  as  to  accommodate  the  people  for  whom 
designed;  in  the  absence  of  such  instructions,  the  board  may  exercise 
more  widely  their  discretion  in  fixing  school-house  sites. 

If,  in  the  performance  of  this  duty,  they  violate  law,  act  with  mani- 
fest injustice,  or  in  any  manner  show  an  abuse  of  discretionary  power, 
their  action  may  properly  be  reversed  by  the  county  superintendent. 

In  this  case  we  do  not  discover  that  the  board  have  in  any  manner 
failed  in  the  proper  performance  of  their  duty. 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

July  7,  1875. 


E.  GOSTING  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Plymouth  County. 

1.  SCHOOL-HOUSE  SITE:    Location  of.    The  action  of  a  committee  ap- 
pointed by  the  board  to  locate  a  site  is  of  no  force  until  officially  adopted  by 
the  board  while  in  session. 

2.    .    Subdistrict  boundaries  cannot  be  changed  upon  an  appeal  re- 
lating solely  to  the  location  of  a  site,  nor  can  a  site  be  located  with  the 
expectation  that  boundaries  will  be  changed,  unless  such  is  shown  to  be  the 
intention  of  the  board. 


SCHOOL  LAW  DECISIONS.  79 

E.  Gosting  v.  District  Township  of  Lincoln. 

3.  APPEAL.  The  right  of  appeal  is  confined  to  persons  injuriously  affected 
by  the  decision  or  order  complained  of.  Ordinarily  a  person  living  in  one 
subdistrict  cannot  properly  appeal  from  an  action  of  the  board  locating  a 
site  in  another. 

A  committee  appointed  by  the  board  of  the  above  named  district 
township  to  locate  a  school-house  site  for  the  accommodation  of  the 
residents  of  subdistricts  numbers  seven  and  nine,  reported  that  they 
had  selected  the  north-west  corner  of  section  ten;  and  afterward  that 
they  had  chosen  instead,  a  site  about  eighty  rods  east  of  the  north- 
west corner  of  section  eleven.  There  is  no  record  showing  that  any 
action  was  taken  by  the  board  in  relation  to  these  reports. 

Subdistrict  number  nine  consists  of  the  east  one-half  of  congres- 
sional township  number  90,  range  45. 

E.  Gosting,  the  appellant,  resides  in  subdistrict  number  seven,  which 
comprises  the  west  one-half  of  the  same  congressional  township.  The 
decision  of  the  county  superintendent  is  as  follows:  "After  consider- 
ing the  evidence  and  the  plat  introduced,  I  sustain  the  committee  in 
their  first  location  at  the  north-west  corner  of  section  ten,  of  said  town- 
ship." From  this  decision  D.  M.  Relyea  appeals. 

The  power  to  locate  school-house  sites  is  vested  in  the  board  of  di- 
rectors. Section  1724,  School  Laws  of  1874.  The  action  of  a  commit- 
tee appointed  by  the  board  to  locate  a  school-house  site  is  of  no  force 
until  their  report  is  officially  adopted  by  the  board  while  in  session. 

Section  1725  provides  that  the  board  of  directors  "  shall  determine 
where  pupils  may  attend  school;  and  for  this  purpose  may  divide  their 
district  into  such  subdistricts  as  may  by  them  be  deemed  necessary." 
The  object  of  dividing  a  district  township  into  subdistricts  is  to  deter- 
mine where  pupils  shall  attend  school.  While  it  is  frequently  the  case 
that  pupils  may  more  conveniently  attend  school  in  an  adjoining  sub- 
district,  it  would  obviously  be  improper  to  locate  a  school-house  site,  ex- 
pressly for  the  accommodation  of  such  pupils,  unless  with  the  intention 
of  subsequently  making  a  redivision  of  the  district  township.  The 
county  superintendent  has  jurisdiction  only  of  the  matter  to  which  the 
appeal  relates.  He  cannot  properly  upon  an  appeal  relating  to  the 
location  of  a  school-house  site  change  subdistrict  boundaries;  nor  can 
he  locate  a  school-house  site  with  the  expectation  that  such  boundaries 
will  ultimately  be  changed,  unless  such  is  shown  to  be  the  intention  of 
the  board. 

The  right  to  appeal  from  actions  of  the  board  is  confined  to  persons 
injuriously  affected  by  the  decision  or  order  of  which  complaint  is 
made.  Section  1829.  Ordinarily,  a  person  living  in  one  subdistrict 
cannot  properly  appeal  from  an  action  of  the  board  locating  a  school- 
house  site  in  another. 

The  decision  of  the  county  superintendent  is  set  aside,  and  the  loca- 
tion of  the  school-house  site  is  left  to  the  discretion  of  the  board  of 
directors.  REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

September  7,  1875. 


SCHOOL  LAW  DECISIONS. 


J.  E.  Brown  v.  District  Township  of  Van  Meter. 


J.  E.  BROWN  v.  DISTRICT  TOWNSHIP  OF  VAN  METER. 
Appeal  from  Dallas  County. 

1.  APPEAL.   The  adoption  of  the  committee's  report  in  favor  of  retaining 
the  old  school-house  site,  is  an  action  from  which  appeal  may  be  taken. 

2.  BOARD  OF  DIRECTORS.    The  action  of  the  board  cannot  be  reversed 
upon  the  allegations  of  appellant  without  proof,  or  by  reason  of  failure  of 
the  board  to  make  defense. 

3.    .    The  acts  of  the  board  are  presumed  to  be  regular,  legal,  and 

just,  and  should  be  affirmed  on  appeal,  unless  proof  is  brought  to  show  the 
contrary. 

4.    :  Discretionary  acts  of  .    The  weight  which  properly  attaches  to 

the  discretionary  actions  of  a  tribunal  vested  with  original  jurisdiction,  does 
not  apply  to  the  decisions  of  an  inferior  appellate  tribunal. 

The  county  superintendent  reversed  the  action  of  the  board  in  se- 
lecting the  old  site  in  subdistrict  number  two,  upon  which  to  erect  a 
new  school-house,  and  located  the  site  about  eighty  rods  westward  of 
the  old  one. 

From  this  decision  the  district  township  appeals,  claiming  in  sub- 
stance that  the  county  superintendent  erred  as  follows: 

1.  That  there  was  no  action  of  the  board  relative  to  the  selection 
of  a  school-house  site  in  subdistrict  number  two  from  which  an  appeal 
would  lie. 

2.  That  the  board  failed,  by  reason  of  a  misunderstanding,  to  appear 
and  defend,  and  that  they  were  unjustly  refused  a  rehearing. 

3.  That  the  old  site  was  suitable,  convenient,  and  at  the  center  of 
population,  both  present  and  prospective;  and  that  the  reversal  of  the 
action  of  the  board  was  without  sufficient  cause,  there  being  no  evi- 
dence that  they  abused  their  discretionary  power  or  acted  with  in- 
justice. 

From  the  transcript  it  appears  that  a  committee  was  appointed  to  se- 
lect a  site  for  the  erection  of  a  school-house  in  subdistrict  number  two; 
that  they  reported  in  favor  of  the  old  site,  and  that  their  report  was 
adopted  by  the  board.  The  law  provides  that  an  appeal  may  be  taken 
by  any  party  aggrieved,  from  any  order  or  decision  of  the  board  of 
directors. 

That  there  was  an  action  of  the  board,  and  that  the  subject-matter 
to  which  such  action  relates  is  the  location  of  a  school-house  site  in 
subdistrict  number  two,  there  can  be  no  reasonable  doubt;  hence,  the 
action  of  the  board  was  subject  to  appeal,  and  such  appeal  gave  to 
the  county  superintendent  jurisdiction  in  the  matter  of  the  location 
of  said  school-house  site.  Grosting  v.  District  Tote H ship  of  Lincoln. 

It  is  the  duty  of  the  county  superintendent  to  give  due  notice  to  all 
parties  directly  interested  in  an  appeal  from  the  board  of  directors,  and 
to  afford  full  opportunity  for  the  presentation  of  evidence;  but  the  ac- 


SCHOOL  LAW  DECISIONS.  g  [ 


Geo.  N.  Shore  v.  District  Township  of  Pleasant. 

tion  of  the  board  cannot  properly  be  reversed  upon  the  allegations  of 
the  appellant  without  proof,  or  by  reason  of  the  failure  of  the  board  to 
be  present  and  make  defense.  The  acts  of  the  board  are  presumed  to 
be  regular,  legal  and  just,  and  should  be  affirmed  by  the  county  super- 
intendent unless  proof  is  brought  to  show  the  contrary.  Bacon  et  al. 
v.  District  Township  of  Liberty.  In  this  case,  however,  the  board  ap- 
pear to  have  had  due  notice  and  ample  opportunity  to  defend  the  case. 
it  is  not  claimed  that  any  additional  evidence  could  be  produced  that 
would  materially  affect  the  issue;  but  that  the  board,  understanding 
through  popular  report  that  the  case  was  withdrawn,  failed  to  be  pres- 
ent at  the  trial,  and  upon  this  ground  ask  for  a  rehearing,  which  was 
very  properly  refused. 

The  site  selected  by  the  county  superintendent  is  nearly  central, 
being  eighty  rods  west  of  that  chosen  by  the  board.  Both  appear  to 
be  suitable.  The  eastern  part  of  the  subdistrict  is  mostly  prairie 
land,  while  the  western  portion  is,  to  a  considerable  extent,  timber 
land. 

The  evidence  as  to  which  site  will  better  subserve  the  interests  and 
convenience  of  the  residents  of  the  subdistrict  is  conflicting.  The 
board  is  entitled  to  the  benefit  of  any  doubt  upon  this  point.  Unless 
it  is  clearly  proven  that  they  have  violated  law,  abused  their  discre- 
tionary power,  or  have  acted  with  manifest  injustice,  their  action  should 
be  affirmed.  Edwards  v.  District  Township  of  West  Point;  Whicker 
v.  District  Township  of  Chariton. 

It  is  urged  by  the  appellee  that  the  same  weight  attaches  to  actions 
of  an  inferior  appellate  tribunal,  upon  appeal,  that  is  given  to  tribu- 
nals having  original  jurisdiction.  It  is  held  that  the  action  of  the 
board  of  directors,  in  matters  of  which  they  have  original  jurisdiction, 
is  alone  entitled  to  this  consideration  by  any  superior  tribunal  upon 
appeal.  REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

September  17,  1875. 


GEO.  N.  SHORE  v.  DISTRICT  TOWNSHIP  OF  PLEASANT. 
Appeal  from  Lucas  County. 

BOARD  OF  DIRECTORS.  The  board  should  be  sustained  when  there  is  a 
reasonable  degree  of  doubt  as  to  the  propriety  of  interfering  with  their  action. 

The  action  of  the  board  in  refusing  to  select  a  more  central  site  m 
subdistrict  number  eight,  and  to  remove  the  school-house  thereon,  was 
sustained  by  the  county  superintendent.  Geo.  N.  Shore 


/v1 


y>       Of  THX 


82  SCHOOL  LAW  DECISIONS. 


D.  C.  Randall  et  al.  v.  District  Township  of  Lincoln. 


Subdistrict  number  eight  of  the  above  mentioned  district  township 
comprises  sections  27,  28,  33,  34,  of  township  73,  range  20.  Cedar 
creek  flows  north-easterly  through  the  subdistrict,  dividing  it  into  two 
nearly  equal  parts.  An  east  and  west  public  road  bisects  the  subdis- 
trict. The  bridge  across  Cedar  creek,  upon  this  road,  is  within  a  few 
rods  of  the  center.  The  east  and  west  portions  of  the  subdistrict  are 
about  equally  populated.  Under  these  circumstances  the  school-house, 
evidently,  should  be  located  as  near  to  the  center  of  the  subdistrict  as 
a  suitable  site  can  be  found.  The  school-house,  as  now  located,  is  one- 
half  mile  from  the  center.  From  the  evidence  it  appears  that,  by 
reason  of  the  ground  being  low  and  wet,  there  is  no  other  site  upon 
the  north  side  of  Cedar  creek,  and  nearer  to  the  center  of  the  subdis- 
trict, as  suitable  as  the  one  now  occupied.  Upon  the  south  side  of 
this  stream  there  is  no  desirable  site  within  less  than  one-fourth  mile 
of  the  center  of  the  subdistrict;  and  at  this  place  the  surface  of  the 
ground  is  quite  sloping,  with  precipitous  bluffs  near.  By  reason  of 
these  disadvantages,  and  of  the  expense  which  would  be  incurred  by 
such  removal,  the  inhabitants  of  the  subdistrict  are  not  unanimously 
in  favor  of  a  change  of  location.  The  question  of  removing  the 
school-house  has  frequently  been  before  the  board;  and  usually  a  large 
majority  have  opposed  such  change. 

In  cases  where  there  is  a  reasonable  degree  of  doubt  as  to  the  pro- 
priety of  interfering  with  the  action  of  the  board  they  should  be  sus- 
tained. Edwards  v.  District  Township  of  West  Point;  Whicker  v. 
District  Township  of  Chariton;  Brown  v.  District  Township  of  Van 
Meter. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

November  23,  1875. 


D.  C.  RANDALL  et  al.  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Cerro  Gordo  County. 

1.  COUNTY  SUPERINTENDENT.    The  county  superintendent  may  recon- 
sider and  modify  a  decision  on  proof  that  it  does  not  conform  to  law. 

2.  SCHOOL-HOUSE  SITE.     A  site  located  by  the  county  superintendent 
cannot  be  changed  by  the  board,  while  the  condition  of  the  district  remains 
without  material  change. 

The  board  of  directors  of  the  above  named  district  township  having 
located  a  school-house  site  in  subdistrict  number  six  the  county  super- 
intendent, on  appeal,  reversed  their  action  May  4,  1875,  selecting  a 
site  one-fourth  of  a  mile  farther  west;  but  upon  information  being  re- 


SCHOOL  LAW  DECISIONS. 


Joseph  Hays  v.  District  Township  of  Chester. 


•ceived  that  said  site  was  not  upon  a  public  highway,  according  to  a 
recent  decision  of  the  circuit  court,  reconsidered  the  decision,  and 
located  the  site  May  24,  1875,  at  a  point  near  the  north-east  corner  of 
the  north-west  one-fourth  of  section  15,  of  said  township.  Upon  this 
site  a  school-house  was  subsequently  erected.  The  board  at  their  reg- 
ular meeting  in  September  relocated  the  site,  at  the  point  previously 
selected  at  their  April  meeting.  This  action  was  again  reversed  by 
the  county  superintendent  on  appeal.  J.  R.  Perry,  on  behalf  of  the 
the  board,  appeals  to  the  superintendent  of  public  instruction. 

The  points  involved  in  this  case  are,  first,  the  right  of  the  county 
superintendent  to  re-open  and  review  a  case  after  the  decision  has  been 
announced,  and,  secondly,  the  right  of  the  board  to  change  a  site  which 
has  been  selected  by  the  county  superintendent  while  the  condition  of 
the  subdistrict  remains  unchanged. 

The  county  superintendent,  upon  evidence  that  the  site  had  not  been 
iixed  in  accordance  with  the  provisions  of  the  law  requiring  school- 
house  sites  to  be  upon  a  public  highway,  had  authority  to  recall  the 
•decision,  and  select  another  site. 

A  school-house  site  located  by  the  county  superintendent  on  appeal 
cannot  be  legally  changed  by  the  board  of  directors  while  the  condi- 
tion of  the  subdistrict  remains  without  material  change. 

The  decision  of  the  board  of  September  20,  to  attach  certain  terri- 
tory to  the  subdistrict  did  not  so  change  its  condition  as  to  authorize 
the  relocation  of  the  site  at  that  meeting,  since,  by  the  provisions  of 
section  1796,  School  Laws  of  1874,  such  change  does  not  take  effect 
until  the  next  subdistrict  election  thereafter. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

February  10,  1876. 


JOSEPH  HAYS  v.  DISTRICT  TOWNSHIP  OF  CHESTER. 

Appeal  from  Potveshiek  County. 
* 

1.  APPEAL.    Appeal  may  be  taken  from  the  action  of  the  board  in  laying 
the  subject-matter  of  a  petition  on  the  table. 

2.  EVIDENCE.    Sufficient  latitude  should  be  allowed  in  the  introduction 
of  testimony  to  permit  a  full  presentation  of  the  issues  involved,  even  if 
irrelevant  testimony  is  occasionally  admitted. 

Subdistrict  number  one,  district  township  of  Chester,  is  composed 
of  sections  1,  2,  11,  12,  13  and  14;  and  subdistrict  number  six  of  said 
district  township  is  composed  of  sections  23,  24,  25,  26,  27,  34,  35  and 
36. 


84  SCHOOL  LAW  DECISIONS. 


Joseph  Hays  v.  District  Township  of  Chester. 

PA  petition  was  presented  to  the  board  of  directors  praying  that  sec- 
tions 1,  2,  11  and  12  be  made  a  subdistrict.  The  board  being  in  ses- 
sion, a  motion  was  made  to  form  one  subdistrict,  to  be  composed  of 
said  sections  1,  2,  11  and  12,  and  another  subdistrict  to  be  composed  of 
sections  13,  14,  23  and  24.  This  motion  was  lost,  reconsidered,  and 
again  lost,  when,  on  motion,  the  whole  subject  was  laid  on  the  table. 

Upon  appeal  the  county  superintendent  made  an  order  for  the  for- 
mation of  two  subdistrict s,  as  follows:  subdistrict  number  one  to  con- 
sist of  sections  1,  2,  11  and  12;  subdistrict  number  six  to  consist  of 
sections  13,  14,  23  and  24.  Winchester  Stockwell,  on  behalf  of  the 
board,  appeals  to  the  superintendent  of  public  instruction. 

At  the  hearing  before  the  county  superintendent  the  appellee  moved 
to  dismiss  the  case  for  the  reason  that  the  secretary's  transcript  shows 
the  subject-matter  complained  of  to  be  still  pending  before  the  board,, 
and  that  no  final  decision  or  order  had  been  made  in  relation  to  the 
case. 

.  From  the  transcript  it  appears  that  the  board  had  twice  refused  by 
direct  vote  to  form  the  subdistricts  in  question.  The  subsequent  mo- 
tion to  lay  the  whole  matter  on  the  table  was  a  convenient  method  of 
preventing  further  discussion. 

The  motion  was  properly  overruled. 

One  of  the  errors  assigned  in  the  affidavit  is,  that  the  superintendent 
permitted  the  introduction  of  testimony  pertaining  to  matters  outside 
of  those  presented  by  the  appeal.  If  this  were  true,  which  is  not  ap- 
parent from  the  record,  it  would  not  form  a  valid  ground  for  reversal. 

Considerable  latitude  should  be  allowed  in  the  introduction  of  testi- 
mony, to  make  a  full  presentation  of  the  issues  of  the  case,  even  if 
irrelevant  testimony  is  occasionally  admitted. 

Some  of  the  residents  upon  the  territory  in  question  have  an  unrea- 
sonable distance  to  send  to  school.  The  change  made  by  the  superin- 
tendent establishes  two  subdistricts  of  uniform  size  and  shape,  and 
will  probably  permit  the  erection  of  school-houses  on  permanent  sites, 
convenient  of  access  for  all;  and,  it  is  believed,  will  eventually  prove 
to  be  for  the  best  interests  of  the  district. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

April  15,  1876. 


SCHOOL  LAW  DECISIONS.  35 

Mary  M.  Thompson  v.  District  Township  of  Jasper. 

MARY  M.  THOMPSON  v.  DISTRICT  TOWNSHIP  OF  JASPER. 
Appeal  from  Adams  County. 

1.  TEACHER.    When  a  teacher  is  dismissed,  in  violation  of  his  contract, 
an  action  in  the  courts  of  law,  on  the  contract,  will  afford  him  a  speedy  and 
adequate  remedy;  when  discharged  for  incompetency,  dereliction  of  duty, 
or  other  cause  affecting  his  qualifications  as  a  teacher,  he  has  the  right  of 
.appeal. 

2.    .    The  teacher  is  entitled  to  the  counsel  and  co-operation  of  the 

subdirector  and  board  in  all  matters  pertaining  to  the  conduct  and  welfare 
of  the  school. 

The  board  of  directors  discharged  Miss  Mary  M.  Thompson  for  der- 
eliction of  duty  as  teacher  in  one  of  the  public  schools  of  the  district. 
She  appealed  to  the  county  superintendent,  who  reversed  their  decis- 
ion; from  this  action,  the  board,  through  their  president,  John  Mc- 
Devon,  appealed  to  the  superintendent  of  public  instruction. 

At  the  hearing  before  the  county  superintendent,  the  board  filed  a 
motion  to  dismiss  the  case,  for  want  of  jurisdiction,  insisting  that  the 
teacher,  having  been  dismissed  in  accordance  with  the  provisions  of 
section  1734,  Code,  her  proper  remedy  was  an  action  at  law  for  dam- 
ages. 

When  a  teacher  is  dismissed,  in  violation  of  his  contract,  an  action 
in  the  courts  of  law,  on  the  contract,  will  afford  him  a  speedy  and  ade- 
quate remedy;  when  discharged  for  incompetency,  dereliction  of  duty, 
or  other  cause  affecting  his  qualifications  as  a  teacher,  he  has  the  right 
of  appeal  to  the  county  superintendent,  who  is  the  proper  officer  to 
review  questions  of  this  character,  and  to  determine  whether  the  board 
have  in  the  exercise  of  their  authority  violated  the  law  or  abused  their 
discretionary  power.  Questions  concerning  the  validity  of  contracts, 
the  right  to  recover  for  services  performed,  and  the  interpretation  of 
law,  belong  especially  to  judicial  tribunals.  Questions  concerning  the 
character  and  qualifications  of  the  teacher,  and  his  management  of  the 
school,  are,  by  appeal,  within  the  jurisdiction  of  the  county  superin- 
tendent. 

The  motion  to  dismiss  was  properly  overruled. 

The  charges  of  dereliction  were,  want  of  promptness  in  commencing 
school  in  the  morning,  and  an  occasional  refusal  to  hear  the  recitation 
of  one  or  more  of  her  pupils.  For  this  dereliction  there  appear  to  have 
been  some  extenuating  circumstances.  Under  the  contract,  it  was  the 
subdirector's  duty  to  have  the  fires  built.  The  boy  employed  to  do  this 
work  often  failed  to  have  the  school-house  in  comfortable  condition  at 
nine  o'clock;  the  teacher  usually  made  up  lost  time  by  teaching  after 
four  o'clock,  and  there  is  no  evidence  that  the  subdirector  or  board  ever 
advised  her  with  regard  to  the  performance  of  her  duties.  The  board 


86  SCHOOL  LAW  DECISIONS. 


M.  M.  Crookshank  v.  District  Township  of  Maine. 

convened  at  the  school-house  without  previous  notice  to  the  teacher, 
and  after  taking  the  testimony  of  some  of  her  pupils,  unanimously- 
voted  to  discharge  her. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 
May  8,  1876. 


M.  M.  CROOKSHANK  v.  DISTRICT  TOWNSHIP  OF  MAINE. 
Appeal  from  Linn  County. 

1.  APPEAL:     When  an  adequate  remedy.    From  the  exercise  of  ordinary 
discretion  in  the  performance  of  an  official  duty,  enjoined  by  law  upon  the 
board,  appeal  may  be  taken  to  the  county  superintendent ;  but  from  a  refusal 
to  act,  or  from  an  action  thereon  clearly  designed  to  defeat  the  purpose  of 
the  law,  an  application  to  the  courts  of  law  to  compel  the  performance  of  the 
enjoined  duty  will  afford  the  most  speedy,  and  in  some  cases  the  only,  ade- 
quate remedy. 

2.  INDEPENDENT  DISTRICTS:    Formation  of.    The  opportunity  to  vote 
upon  the  question  of  forming  independent  districts  from  the  subdistricts  of 
a  district  township  ceased  July  4, 1876,  by  the  taking  effect  of  chapter  155, 
laws  of  1876. 

A  petition  purporting  to  be  signed  by  one-third  of  the  legal  voters 
of  the  district  township  of  Maine  was  presented  to  the  board  March 
20,  1876,  asking  that  a  meeting  of  the  electors  be  called  to  vote  upon 
the  question  of  independent  organizations. 

The  board  ordered  that  the  meeting  be  held  on  the  day  for  the  next 
presidential  election.  On  appeal  this  action  was  reversed  as  not  being 
in  compliance  with  the  law,  and  designed  to  defeat  the  purpose  for 
which  it  was  intended,  and  the  board  was  ordered  to  call  the  meeting 
in  time  to  permit  the  formation  of  independent  districts  if  so  deter- 
mined by  vote  of  the  electors.  H.  0.  Bishop  appeals  to  the  superin- 
tendent of  public  instruction. 

The  action  of  the  board  in  deferring  the  vote  to  determine  the  ques- 
tion of  independent  district  organizations  until  the  November  election,, 
was  evidently  for  the  purpose  of  defeating  the  measure,  since  by  the 
provisions  of  section  1804,  Code,  the  organization  of  such  independent 
districts  shall  be  completed  on  or  before  the  first  day  of  August  of  the 
year  in  which  said  organization  is  attempted. 

From  the  exercise  of  ordinary  discretion  in  the  performance  of  an 
official  duty  enjoined  by  law  upon  the  board  appeal  may  be  taken  to 
the  county  superintendent;  but  from  a  refusal  to  act  or  from  an  action 
thereon  clearly  designed  to  defeat  the  purpose  of  the  law,  an  applica- 
tion to  the  courts  of  law  to  compel  the  performance  of  the  enjoined 
duty  will  afford  the  most  speedy  and  in  some  cases  the  only  adequate 
remedy. 


SCHOOL  LAW  DECISIONS.  §7 


S.  W.  Woods  et  al.  v.  District  Township  of  Brighton. 

The  examination  of  the  issues  involved  in  the  case  can  be  of  no  avail 
since  the  opportunity  to  vote  upon  the  question  of  independent  district 
organizations  no  longer  exists,  the  law  authorizing  the  formation  of 
such  districts  having  been  repealed,  to  take  effect  July  4,  1876.  Chap- 
ter 155,  laws  of  the  sixteenth  general  assembly. 

The  decision  of  the  county  superintendent  is,  therefore,  reversed  and 
the  case  dismissed. 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 
July  21.  1876. 


S.  W.  WOODS  et  al.\.  DISTRICT  TOWNSHIP  OF  BRIGHTON. 
Appeal  from  Cass  County. 

1.  BOARD  OF  DIRECTORS.    The  acts  of  the  board  are  presumed  to  be  regu- 
lar, legal  and  just;  and  should  be  affirmed  on  appeal  unless  proof  is  brought 
to  show  the  contrary. 

2.  SCHOOL-HOUSE  SITE.    The  prospective  wants  of  a  subdistrict  may  prop- 
erly have  weight  in  determining  the  selection  of  a  site,  when  such  selection 
becomes  necessary ;  but  not  in  securing  the  removal  of  a  school-house,  con- 
veniently located 'for  the  present. 

3.    .    To  make  a  distinction  between  the  children  of  freeholders  and 

those  of  tenants  in  determining  the  proper  location  for  a  school-house,  is 
contrary  to  the  spirit  and  intent  of  our  laws. 

The  board  of  directors,  by  a  vote  of  five  to  two,  rejected  a  petition 
asking  the  removal  of  the  school-house  in  subdistrict  number  eight. 
On  appeal,  the  county  superintendent  reversed  the  action  of  the  board, 
and  ordered  the  removal  of  the  school-house  to  the  place  named  in  the 
petition.  Wm.  F.  Altig  appeals  to  the  superintendent  of  public  in- 
struction. 

Subdistrict  number  eight  contains  sections  27,  28,  33,  34,  and  sixty 
acres  lying  in  section  32,  and  has  a  good,  commodious  school-house, 
erected  three  years  ago,  one-half  mile  west  of  the  center,  on  a  public 
road  passing  east  and  west  through  the  center  of  the  subdistrict. 

There  are  about  thirty  children  of  school  age  in  the  subdistrict, 
twenty-two  of  whom  reside  in  the  western  half,  and  nineteen  west  of 
the  present  site.  All  those  residing  east  of  the  present  site,  except  one 
child,  are  within  a  mile  and  a  half  of  the  school-house,  while  by  the 
proposed  removal,  a  large  number  would  be  at  a  greater  distance. 

The  action  of  the  board  of  directors  in  refusing  to  remove  a  school- 
house  should  not  be  interfered  with  on  appeal,  except  upon  evidence 
of  violation  of  law,  or  abuse  of  discretionary  power.  In  this  case  there 
is  no  evidence  of  such  abuse. 


SCHOOL  LAW  DECISIONS. 


F.  G.  Drew  v.  District  Township  of  Highland. 


The  prospective  wants  of  a  subdistrict  may  properly  have  weight  in 
determining  the  selection  of  a  site  upon  which  to  build  a  school-house, 
when  such  a  selection  becomes  necessary,  but  not  in  determining  the 
removal  of  a  house,  located  conveniently  for  the  present  wants  of  the 
subdistrict. 

It  appears  that  a  considerable  portion  of  the  school  population  con- 
sists of  the  children  of  tenants,  and  much  stress  is  laid  upon  the  as- 
sumed distinction  that  should  be  made  between  the  children  of  tenants 
and  those  of  freeholders,  in  determining  the  proper  location  of  the 
school-house.  Distinctions  based  upon  the  ownership  of  property,  or 
permanence  of  residence,  are  not  made  in  the  law,  would  not  well 
comport  with  the  fundamental  principles  upon  which  our  public  school 
system  is  based,  and  should  not  have  weight  in  determining  the  loca- 
tion of  school-house  sites. 

It  is  the  duty  of  the  board  of  directors  to  provide  equal  school  facil- 
ities for  the  youth  of  the  district  as  far  as  practicable,  regardless  of 
considerations  relating  to  permanence  of  residence. 

The  school-house  may  properly  be  removed  whenever  the  conditions 
of  the  subdistrict  require  it,  but  unnecessary  expense  should  not  be 
incurred  in  such  removal  in  anticipation  of  possible,  or  even  probable, 
changes  of  this  character. 

REVERSED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

July  31, 1876. 


P.  G.  DREW  v.  DISTRICT  TOWNSHIP  OF  HIGHLAND. 
Appeal  from  Tama  County. 

1.  BOARD  OF  DIRECTORS.    In  the  absence  of  evidence  of  violation  of 
law,  or  abuse  of  discretion  the  board  should  be  sustained. 

2.  EVIDENCE.    A  case  of  grievance  should  be  plainly  established'by  evi- 
dence, or  the  reason  for  lack  of  evidence  explained. 

The  board  of  directors  refused,  by  a  vote  of  six  to  one,  to  move 
the  school-house  in  subdistrict  number  five  to  the  center  of  the  sub- 
district,  as  requested  in  a  petition  presented  by  residents  thereof. 

On  appeal,  the  county  superintendent  affirmed  the  action  of  the 
board.  F.  G.  Drew  appeals  to  the  superintendent  of  public  instruc- 
tion. 

Subdistrict  number  five  is  in  square  form,  and  contains  four  sections 
of  land.  The  school-house  is  one-half  mile  north  of  the  center,  while 


SCHOOL  LAW  DECFSIONS. 


Baptist  Hardy  v.  District  Township  of  Wyacondah. 


the  greater  number  of  children  reside  in  the  south  half  of  the  sub- 
district. 

This  is  the  second  time  appeal  has  been  brought  to  secure  the  re- 
moval of  this  school-house  to  the  center  of  the  subdistrict. 

In  the  first  instance,  the  superintendent  reversed  the  action  of  the 
board  and  selected  a  site  near  the  center;  in  the  second,  the  superin- 
tendent affirmed  their  action  in  refusing  to  move  the  school-house. 

In  neither  case  is  there  any  record  of  testimony,  presented  or  re- 
ceived under  oath,  at  the  hearing.  The  only  properly  authenticated 
evidence  in  our  possession  is  contained  in  the  plats  furnished,  and 
indeed  it  is  doubtful  if  there  is  sufficient  evidence  of  their  correct- 
ness. 

From  the  plat  and  the  accompanying  statements  of  interested  par- 
ties, it  would  seem  that  the  school-house  ought  to  be  at,  or  near,  the 
intersection  of  roads,  at  the  center  of  the  subdistrict. 

Our  invariable  rule,  however,  is  to  sustain  the  action  of  the  board  in 
the  absence  of  evidence  of  violation  of  law,  or  abuse  of  discretionary 
power,  especially  when  concurred  in  by  the  county  superintendent. 

In  this  case,  the  plat,  unsupported  as  it  is  by  testimony  taken  under 
oath,  does  not  show  sufficient  evidence  of  abuse  of  discretionary 
power,  to  warrant  an  interference  with  the  action  of  the  board. 

If  parties  have  a  just  cause  of  grievance  at  any  action  of  the  board, 
and  desire  to  have  it  reversed  on  appeal,  they  ought  to  submit  evidence 
of  such  abuse,  properly  attested  at  the  hearing  before  the  county  super- 
intendent, or  show  that  they  have  made  the  attempt  to  produce  such 
evidence,  and  were  prevented. 

AFFIRMED. 

ALONZO  ABERNETHY, 
Superintendent  of  Public  Instruction. 

August  7,  1876. 


BAPTIST  HARDY  v.  DISTRICT  TOWNSHIP  OF  WYACONDAH. 
Appeal  from  Davis  County. 

JURISDICTION.  In  cases  involving  the  validity  of  district  organization 
no  appeal  will  lie.  The  remedy  is  a  writ  in  the  nature  of  quo  warranto. 

On  the  third  day  of  April,  1876,  at  a  special  meeting  of  the  five 
members  of  the  board  of  directors,  a  petition  from  one-third  of  the 
voters  was  received  in  favor  of  organizing  independent  districts,  and 
an  election  was  ordered  for  the  15th  of  April,  to  submit  the  question 
of  changing  the  district  township  organization  to  that  of  independ- 
ent districts  under  the  provisions  of  sections  1815-1818,  Code  of  1873. 

The  election  was  held  and  a  majority  of  fourteen  decided  in  favor  of 

13 


90  SCHOOL  LAW  DECISIONS. 


J.  N.  Arthur  et  al.  v.  Independent  District  of  Fairway. 

separate  organization.  The  board  of  directors,  at  a  special  meeting  on 
the  27th  of  May,  called  meetings  in  each  subdistrict  for  the  election  of 
officers  according  to  law. 

On  the  10th  of  June,  the  day  designated  by  the  board  for  said  elec- 
tion, five  subdistricts  elected  officers  and  by  implication  the  others  did 
not. 

From  the  last  order  Baptist  Hardy  appealed  to  the  county  superin- 
tendent, because  all  the  several  acts  or  steps  by  which  this  last  action 
was  reached  were  resting  upon  an  illegal  act  or  in  fact  on  no  act  at 
all,  since  the  special  meeting  claimed  to  have  been  held  on  April  3t 
was  not  a  meeting  of  said  board,  but  only  the  action  of  five  members 
of  the  board  who  met  accidentally. 

The  county  superintendent  dismissed  the  case  for  want  of  jurisdic- 
tion, and  Mr.  Hardy  appeals  to  the  superintendent  of  public  instruc- 
tion. 

While  the  .alleged  irregularities  in  this  case  differ,  the  main  issue  is 
the  same  as  that  in  N.  T.  Bowen  v.  District  Township  of  Lafaijette,  p. 
124,  School  Law  Decisions  of  1876,  and  since  all  the  essential  features  are 
there  disposed  of,  it  is  unnecessary  to  review  them.  Side  issues  might 
be  decided  by  this  department;  but  it  is  deemed  useless  to  do  so,  as  the 
want  of  jurisdiction  in  cases  involving  the  validity  of  district  organi- 
zations, gives  us  no  power  over  the  main  issue.  The  decision  of  the 
county  superintendent  is 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

September  27,  1876. 


J.  N.  ARTHUR  et  al.  v.  INDEPENDENT  DISTRICT  OF  FAIRWAY. 
Appeal  from  Adams  County. 

1.  SCHOOL-HOUSE  SITES  :  Location  of.    The  necessities  of  the  present  must 
be  observed  in  locating  school-house  sites,  in  preference  to  the  probabilities  of 
the  future. 

2.  NEW  EVIDENCE.    New  evidence  can  be  introduced  only  when  the  facts 
materially  affecting  the  case  could  not  have  been  known  before  the  trial. 

3.  REMANDING  OF  CASES.    When  the  evidence  discloses  that  the  action 
of  the  board  was  an  unwise  one,  and  the  facts  are  not  sufficiently  shown  to 
determine  what  should  be  done,  the  case  should  be  remanded  to  the  board. 

In  this  case  the  board  of  directors  of  the  independent  district  of 
Fairway,  number  three,  made  an  order  on  the  26th  of  April  relocating 
the  school-house  site;  from  this  order  John  N.  Arthur,  John  Weller  and 


SCHOOL  LAW  DECISIONS. 


J.  N.  Arthur  et  al.  v.  Independent  District  of  Fairway. 


others,  residents  of  the  district,  appealed  to  the  county  superintendent, 
and  upon  his  affirming  the  action  of  the  board,  to  the  superintendent  of 
public  instruction. 

The  district  consists  of  sections  one,  two,  eleven,  twelve,  thirteen,  and 
fourteen,  and  the  old  school-house  stands  near  the  south-west  corner  of 
the  south-east  quarter  of  section  one.  The  proposed  new  site  is  in  the 
north-west  corner  of  the  south-west  quarter  of  the  north-west  quarter 
of  section  twelve,  on  a  public  highway,  and  one-quarter  of  a  mile  north 
of  the  geographical  center  of  said  district. 

The  grounds  of  objection  by  the  appellants  to  the  removal  are  sub- 
stantially, that  the  new  site  is  on  low  bottom  lands  and  subject  to  over- 
flow, not  accessible  at  all  times  of  the  year,  and  that  it  is  not  as  near 
the  center  of  school  population  as  the  old  site.  They  also  suggest^ 
that  a  location  at  the  cross  roads  one-half  mile  east  of  new  site  is  bet- 
ter ground  and  more  convenient  to  the  people.  In  fixing  the  school- 
house  site,  the  geographical  position  and  the  convenience  of  the  peo- 
ple of  each  portion  of  the  district  should  be  considered.  Section  1724. 
School  Laws  of  1876. 

From  the  large  amount  of  testimony  it  is  evident  that  the  new  site 
chosen  is  in  a  low  place,  and  an  affidavit  sent  to  this  office,  and  signed 
by  a  number  of  residents,  proves  beyond  question  that  the  site  has 
been  overflowed  for  several  days  during  last  month.  By  a  close  com- 
parison it  is  found  that  the  number  of  residents  who  will  have  their 
distance  to  school  increased  by  choosing  the  new  site,  is  greater 
than  of  those  who  will  have  their  distance  diminished.  By  locating 
the  school-house  at  the  cross  roads,  one-half  a  mile  east  of  the  pro- 
posed new  site,  which  is  claimed  to  be  higher,  and,  therefore,  less  liable 
to  overflow,  three-fourths  of  the  residents  will  have  their  distance  di- 
minished by  forty  to  one  hundred  and  sixty  rods. 

Although  it  may  be  true,  as  is  affirmed  in  the  testimony,  that  the 
western  part  of  the  district  is  as  capable  of  settlement  as  the  eastern 
part,  the  necessities  of  the  present  must  be  observed  in  locating  school- 
house  sites,  in  preference  to  the  probabilities  of  the  future.  While  it 
is  the  rule  of  this  department  to  sustain  discretionary  acts  of  the 
board  of  directors,  it  seems  that  in  this  case  the  true  interest  of  all 
concerned,  and  justice  to  a  large  portion  of  the  people,  demands  that 
the  school-house  should  not  be  moved  to  the  new  site  chosen. 
,  To  what  extent  the  high  waters  of  last  month  did  affect  the  other 
locations  under  consideration,  is  not  known  to  this  department,  it  isr 
therefore,  best  to  let  the  matter  come  up  anew  before  the  county  super- 
intendent for  a  rehearing. 

The  decision  of  the  county  superintendent  is,  therefore,  reversedr 
and  the  case  remanded  for  a  rehearing,  with  the  direction  from  this 
department,  that  the  proposed  new  site  is  an  unsuitable  one  for  school 
purposes. 

REVERSED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

October  31,  1876. 


92  SCHOOL  LAW  DECISIONS. 

W.  C.  McNcal  v.  J.  W.  Gary,  County  Superintendent. 

W.  C.  McNEAL  v.  J.  W.  GARY,  COUNTY  SUPERINTENDENT. 
Appeal  from  Appanoose  County. 

1.  REVOCATION  OF  CERTIFICATE:  Effect  of.     Conditions  made  in  the 
revocation  of  a  certificate  must  be  within  the  jurisdiction  of  the  county 
superintendent,  and  must  apply  to  the  whole  county. 

2.  NEW  TRIAL.    A  new  trial  for  the  revocation  of  a  certificate  must  be 
proceeded  with  as  if  no  trial  had  been  held. 

In  this  case  charges  of  immorality  were  preferred  against  the  appel- 
lant. The  county  superintendent,  after  a  legal  investigation,  ordered 
as  follows: 

"That  W.  C.  McNeal  has  acted  imprudently,  unwisely,  and  in  excite- 
ment, immorally;  that  he  shall  cease  to  teach  in  said  district,  (district 
number  six,  Walnut  township);  that  in  compliance  with  the  above 
his  certificate  is  not  revoked."  "  Otherwise,  otherwise." 

On  the  20th  of  January,  having  learned  that  the  appellant  had  not 
ceased  teaching,  this  additional  order  was  made  by  the  county  superin- 
tendent : 

"  Whereas,  upon  due  notice  of  the  above  decision,  W.  C.  McNeal 
has  not  ceased  to  teach  in  the  school  district  specified,  now,  there- 
fore, in  pursuance  of  the  provisions  of  section  1771,  of  the  school  law 
of  the  state  of  Iowa,  the  said  certificate  is  hereby  revoked." 

From  this  action  of  the  county  superintendent,  Mr.  McNeal  appeals 
to  the  superintendent  of  public  instruction. 

While  the  power  of  the  county  superintendent  to  revoke  a  certificate 
is  undoubted,  the  exercise  of  this  power  must  be  in  strict  accordance 
with  the  provisions  of  law. 

A  revocation  may  be  based  upon  general  conditions,  especially 
where  the  moral  character  of  the  party  is  in  question;  but  the  effect 
of  those  conditions  must  be  co-extensive  with  the  county  wherein  such 
certificate  is  given,  and  must  be  within  the  jurisdiction  of  the  county 
superintendent. 

The  conditional  revocation  of  the  12th  of  January  was  based  upon 
a  condition  not  within  the  jurisdiction  of  the  county  superintendent, 
and  only  local  in  its  application. 

The  power  to  remove  a  teacher  from  his  position  is  vested  in  the 
board  of  directors,  under  section  1734.  Hence  the  additional  order  of 
January  20,  which  was  based  upon  the  same  condition,  is  not  legal. 

To  test  the  merits  of  the  case,  and  to  give  the  county  superintendent 
an  opportunity  for  remedying  the  defect  of  his  first  order,  the  case  is 
remanded  before  him  for  a  rehearing,  and  the  former  decision,  because 
not  in  conformity  with  the  provisions  of  law,  is 

REVERSED. 

C.  W.  VON  GOELLN, 
Superintendent  of  Public  Instruction. 

March  20,  1877. 


SCHOOL  LAW  DECISIONS.  93 


G.  P.  Garroutte  v.  A.  Dilley,  County  Superintendent,  et  al.,  etc. 


G.  P.  GARROUTTE  v.  A.  DILLEY,  COUNTY  SUPERINTENDENT  OF  DALLAS 
COUNTY,  AND  THE  BOARD  OF  DIRECTORS  OF  GOLF  AX  AND  ADEL;  AND 
VICTOR  JEWETT  v.  A.  DILLEY,  COUNTY  SUPERINTENDENT,  AND  THE 
BOARD  OF  DIRECTORS  OF  COLFAX. 

Appeal  from  Dallas  County. 

1.  TERRITORY  :    Transfer  of.    Territory  must  be  transferred  under  the 
provisions  of  section  1797,  by  the  county  superintendent  and  the  board  of 
the  district  from  which  the  territory  is  taken,  and  as  the  county  superin- 
tendent has  original  jurisdiction,  no  appeal  will  lie. 

2.  — :  .    Section  1797,  School  Laws  of  1876,  applies  only  when 

natural  obstacles  exist. 

These  two  cases  covering  the  same  ground  are  disposed  of  as  one 
case. 

On  the  21st  of  October.  1876,  the  board  of  directors  of  Adel  town- 
ship, Dallas  county,  voted  to  transfer  certain  territory  lying  west  of 
the  Raccoon  river  and  being  an  entire  subdistrict  (number  two)  of  said 
township,  to  Colfax  township.  On  the  7th  of  November,  of  the  same 
year,  the  board  of  directors  of  Colfax  township  met  for  the  purpose 
of  receiving  said  territory. 

The  record  does  not  show  any  action  on  the  part  of  the  board,  in 
the  matter. 

On  the  3d  of  March,  1877,  A.  Dilley,  county  superintendent  of  and 
for  Dallas  county,  ordered  the  transfer  of  said  territory  for  school  pur- 
poses, from  Adel  to  Colfax  township,  believing  such  order  to  be  in 
conformity  with  section  1797.  From  this  order  of  the  county  super- 
intendent, Geo.  P.  Garroutte  and  Victor  Jewett  appeal  to  the  super- 
intendent of  public  instruction  to  set  aside  said  order  as  contrary  to 
law. 

If  the  provisions  of  section  1797  applied  to  the  case,  the  appeal  would 
not  lie,  as  the  county  superintendent  has  original  jurisdiction  to  act 
with  the  board  of  directors  of  the  district  that  may  be  affected. 

But  the  superintendent  of  public  instruction  believes  that  it  is  com- 
petent for  him  to  investigate  whether  the  provisions  of  section  1797 
apply,  and,  if  not,  to  set  aside  an  order  of  the  county  superintendent 
made  under  a  misapprehension  of  the  law.  This  subject  has  been 
already  settled  in  the  case  of  E.  Nichols  v.  C.  B.  Eoberts  et  al.,  School 
Law  Decisions  of  1876,  page  47. 

In  this  case,  the  natural  obstacle  lies  east  of  the  subdistrict,  and  does 
not  prevent  any  inhabitant  from  enjoying  reasonable  advantages  of 
school,  and  the  provisions  of  section  1797  do  not  apply,  and  by  sec- 
tion 1713,  each  civil  township  now  or  hereafter  organized,  is  a  school 


94  SCHOOL  LAW  DECISIONS. 


Rachel  E.  Clark  v.  District  Township  of  Monroe. 

district;  hence  there  is  no  power  to  transfer  the  disputed  territory  from 
Adel  to  Colfax  township,  and  the  order  of  the  county  superintendent 
is  declared  void,  and  therefore 

REVERSED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 
May  9,  1877. 


RACHEL  E.  CLARK  v.  DISTRICT  TOWNSHIP  OF  MONROE. 
Appeal  from  Butler  County. 

SCHOOL-HOUSE  SITE.  The  owner  of  a  residence  can  object,  whether  at 
the  time  an  occupant  or  not,  if  section  1826,  School  Laws  of  1876,  applies. 

On  the  13th  day  of  January,  1877,  the  board  of  directors  of  the  dis- 
trict township  of  Monroe  located  a  site  for  a  school-house,  in  subdis- 
trict  number  four,  upon  block  number  thirty,  in  the  village  of 
Aplington,  an  unincorporated  town  in  said  subdistrict. 

Upon  receiving  knowledge  of  such  location,  Mrs.  Rachel  E.  Clark, 
filed  an  affidavit  with  the  board,  urging  an  objection  to  such  location. 
At  a  meeting  of  the  board  held  March  26,  the  objection  was  overruled, 
and  their  former  decision  affirmed.  From  this  action  of  the  board 
Mrs.  R.  E.  Clark  appealed  to  the  county  superintendent,  alleging  that 
the  board  had  violated  law  in  locating  the  site  within  the  limits  fixed 
by  the  statute,  and  in  not  sustaining  her  objection. 

The  county  superintendent,  on  trial,  sustained  the  objection  and  re- 
versed the  action  of  the  board.  From  his  decision  the  board  appealed 
to  the  superintendent  of  public  instruction. 

Since  it  is  not  questioned  nor  denied  by  any  of  the  parties,  that 
Aplington  is  not  an  incorporated  town;  that  Mrs.  R.  E.  Clark  is  the 
owner  of  a  residence  nearer  than  forty  rods  to  the  location  made  by 
the  board;  and,  whereas,  it  has  been  repeatedly  held  by  this  depart- 
ment that  the  owner  of  a  residence  or  domicile  can  object,  whether  at 
the  time  an  occupant  or  not  (see  Iowa  Reports,  volume  1,  page  36,  foot- 
note, also  School  Law  Decisions  of  1876,  page  116),  and  as  the  conclusion 
of  the  county  superintendent  was  in  accordance  with  law  and  the 
evidence  submitted  in  the  case,  his  decision  must  be,  and  hereby  is 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

May  22,  1877. 


SCHOOL  LAW  DECISIONS.  95 

R.  Buzzard  v.  Independent  District  of  Liberty. 

R.  BUZARD  v.  INDEPENDENT  DISTRICT  OF  LIBERTY. 
Appeal  from  Monroe  County. 

Quo  WAKRANTO.  The  only  proper  means  of  affirming  the  right  to  exer- 
•cise  the  privilege  of  an  office,  or  to  contest  the  illegal  exercise  of  the  same, 
is  set  forth  in  sections  3345-3352,  Code  of  1873. 

This  is  au  action  brought  to  compel  the  board  of  directors  of  the 
independent  district  of  Liberty  to  recognize  R.  Buzard  as  a  member 
elect. 

The  evidence  in  the  case  seems  to  show  that  the  appellant  was  duly 
elected  and  qualified.  On  presenting  himself  at  the  meeting  of  the 
board,  he  was,  by  vote  of  the  board,  debarred  from  acting,  and  another 
person  admitted  as  a  member. 

From  this  order  of  the  board,  he  appealed  to  the  county  superin- 
tendent, who  dismissed  the  case  for  want  of  jurisdiction. 

From  this  action,  R.  Buzard  appeals  to  the  superintendent  of  public 
instruction. 

It  has  been  the  uniform  decision  of  this  department  that  the  right 
or  title  to  office  cannot  be  determined  by  any  authority  other  than  a 
court  of  law. 

We  are  compelled  to  agree  with  former  opinions,  by  Supreme  Court 
Decisions,  16  Iowa,  371;  17  Iowa,  368;  22  Iowa,  75,  in  which  the  fact 
that  an  information,  quo  warranto,  is  the  only  proper  means  legally  to 
affirm  the  right  to  exercise  the  privileges  of  an  office,  or  to  contest 
the  illegal  exercise  of  the  same,  is  clearly  set  forth. 

In  alt  cases  over  which  we  have  jurisdiction,  our  decision  is  final; 
hence,  if  for  no  other  reason,  we  cannot  assume  jurisdiction  in  this 
matter,  as  both  parties  have  access  to  the  courts,  as  provided  by  sec- 
tions 3345-3352,  of  the  Code. 

The  county  superintendent,  therefore,  very  properly  decided  to  dis- 
miss the  appeal,  and  his  order  in  the  case  is  hereby 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of '* Public'  Instruction. 

July  2,  1877. 


96  SCHOOL  LAW  DECISIONS. 

William  Hays  v.  District  Township  of  Jefferson. 

WILLIAM  HAYS  v.  DISTRICT  TOWNSHIP  OF  JEFFERSON. 
Appeal  from  Butler  County. 

HIGHWAY.  Since  the  law  requires  a  school-house  site  to  be  located  on  a 
public  highway,  such  public  highway  must  be  fully  established  by  law  before 
the  location  can  be  made. 

In  this  case,  the  board  of  directors  relocated  the  site  for  a  school- 
house  in  subdistrict  number  three,  changing  it  from  the  north-east 
corner  of  section  35  to  the  center  of  the  district,  one-half  mile  farther 
north. 

Appeal  was  taken  to  the  county  superintendent,  who,  on  trial,  af- 
firmed the  action  of  the  board.  From  his  decision,  Wm.  Hays  appeals 
to  this  department. 

Subdistrict  number  three  is  three  sections  in  length  and  two  in 
width,  comprising  sections  23,  24,  25,  26,  35  and  36.  The  school-house 
stands  on  the  north-east  corner  of  section  35,  or  in  the  center  of  the 
four  sections,  25,  26,  35  and  36.  The  large  size  of  the  district  and  the 
fact  that  sections  25  and  26  have  a  number  of  wide  sloughs  running 
through  them,  have  caused  great  dissatisfaction  to  a  portion  of  the 
residents.  To  compromise  the  matter  an  effort  was  made  to  locate  a 
road  connecting  the  two  roads  running  east  and  west  through  the  dis- 
trict, and  passing  by  the  center.  This  road  would  be  one  and  one-half 
miles  long.  The  supervisors,  probably  at  their  September  meeting, 
ordered  a  part  of  this  road,  one  mile  commencing  at  the  quarter  po^t 
between  sections  23  and  24  and  running  south,  to  be  opened  on  certain 
conditions  which  were  to  be  fulfilled  before  their  January  session. 
The  record  shows  that  these  conditions  were  not  fulfilled  by  that  time, 
and  does  not  show  any  final  action  as  provided  by  section  947  of  the 
Code.  Hence  the  road  has  not  been  established  by  law,  neither  does 
the  evidence  show  that  it  has  been  established  in  fact,  unless  the  haul- 
ing of  a  few  loads  of  hay  along  the  prairie  makes  a  road  of  the  wagon 
track.  Hence,  if  for  no  other  reason,  the  action  of  the  board  violated 
the  law  by  locating  the  house  away  from  a  public  highway,  and  the 
county  superintendent  erred  in  affirming  said  action. 

It  is  the  duty  of  the  superintendent  to  satisfy  himself  that  all  the 
conditions  of  the  law  are  strictly  observed  in  the  location  of  a  school- 
house.  We  are  strongly  in  favor  of  supporting  boards  in  their  exer- 
cise of  discretionary  power;  but  an  appeal  is  made  for  the  purpose  of 
testing  the  equity  of  the  case. 

To  remove  a  school-house  from  the  center  of  a  four  section  district 
to  accommodate  a  larger  district  which  must  sooner  or  later  be  reduced, 
is,  to  say  the  least,  unwise. 

Besides,  equity  in  this  case  is  utterly  disregarded,  when  persons  are 
obliged  to  travel  five  miles  by  the  road,  to  a  school-house  situated  in  a 
cul  de  sac,  or  at  the  end  of  the  road.  This  is  not  bettered  by  the  fact 


SCHOOL  LAW  DECISIONS.  97 

W.  W.  Rickey  v.  District  Township  of  Wayne. 

that  this  location  is  the  center  of  the  district.  Would  it  be  wise  to 
locate  in  such  center,  provided  it  was  a  duck  pond?  From  the  evi- 
dence, this  is  but  little  better,  because  surrounded  by  sloughs  on  all 
sides. 

In  a  district  three  miles  long  and  two  miles  wide,  there  is  great 
probability  that  some  will  be  deprived  of  the  privileges  of  school  by 
reason  of  distance.  It  is  suggested  that  if  the  requisite  number  of 
children  is  not  lacking,  the  board  redistrict  subdistricts  three  and  five, 
making  three  subdistricts  of  four  sections  each  instead  of  two  with  six 
each.  This  would  seem  to  remove  all  difficulty  of  location  of  school- 
house  sites. 

As  the  action  of  the  board  violated  law  in  not  establishing  the 
school-house  site  upon  a  public  highway,  and  since  the  county  super- 
intendent sustained  the  order,  his  decision  is  hereby 

REVERSED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

July  6,  1877. 


W.  W.  RICKEY  v.  DISTRICT  TOWNSHIP  OF  WAYNE. 
Appeal  from  Monroe  County. 

1.  CONTRACTS.     Questions  involving  contracts  should  not  be  brought 
before  a  county  superintendent,  unless  it  is  to  determine  whether  a  provision 
of  school  law  has  been  violated  in  making  such  contract. 

2.    :    Approval  of.    The  president  of  the  board,  or  when  he  is  the 

subdirector  making  the  contract,  the  board  of  directors,  must  approve  the 
contract,  unless  the  instructions  of  the  board  have  been  disregarded. 

Mr.  J.  N.  Prather,  subdirector  of  subdistrict  number  six,  Wayne 
district  township,  and  president  of  the  board  of  said  district  township, 
employed  his  son  S.  D.  Prather  as  teacher  of  said  district  number  six. 

The  board  approved  the  contract  made  between  J.  N.  Prather  as 
subdirector  and  S.  D.  Prather  as  teacher.  From  this  action  of  the 
board  W.  W.  Rickey  appealed  to  the  county  superintendent,  who  re- 
versed the  action  of  the  board  or  annulled  the  contract,  and  J.  N.  Pra- 
ther in  his  several  capacities  appeals  to  this  department. 

The  subject  of  contracts  is  one  which  always  implies  the  payment 
of  money,  and  should  not  be  brought  before  superintendents  unless  it 
is  on  the  question  of  violation  of  school  law.  The  proper  place  to 
bring  these  actions  is  in  the  courts. 

The  quotation  by  the  county  superintendent  of  35  Iowa,  page  361, 
Thompson  v.  Lynn,  is  not  applicable,  for  no  restrictions  were  imposed 

13 


SCHOOL  LAW  DECISIONS. 


J.  J.  Wilson  et  al.  v.  District  Township  of  Monroe. 


upon  the  subdirectors  in  this  case  except  length  of  time  and  wages, 
and  those  only  by  implication  or  following  the  usual  custom. 

Without  entering  upon  other  arguments  which  only  have  a  bearing 
on  this  question  provided  the  action  of  the  board  was  discretionary, 
and  without  approving  of  the  action  of  Mr.  Prather  in  hiring  his 
son  against  the  wish  of  the  people,  we  must  decide,  that  since  the  act 
of  the  board  approving  the  contract  was  mandatory,  the  county  super- 
intendent had  no  jurisdiction,  and  his  action  is 

REVERSED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 
July  26,  1877. 


J.  J.  WILSON  et  al.  v.  DISTRICT  TOWNSHIP  OF  MONROE. 
Appeal  from  Mahaska  County. 

1.  COUNTY  SUPERINTENDENT:   Jurisdiction  of.    The  county  superin- 
tendent is  not  limited  to  a  reversal  or  affirmance  of  the  action  of  the  board, 
but  he  determines  the  same  questions  which  they  had  determined. 

2.  SCHOOL-HOUSE  SITE  :  Location  of.    The  location  of  a  school-house  can 
be  dependent  upon  a  change  of  boundaries,  only  when  it  is  shown  in  evi- 
dence that  it  is  the  intention  to  make  such  change. 

3.  CONDITIONAL  RULING.    A  county  superintendent  may  make  a  condi- 
tional ruling,  by  which  his  own  decision  is  governed. 

On  the  14th  day  of  April,  1877,  the  board  of  directors  of  the  above 
named  district  township  located  the  site  for  a  school-house. 

From  their  action  J.  J.  Wilson  and  others  appealed  to  the  county 
superintendent,  alleging  that  the  board  had  erred  in  making  the  loca- 
tion, in  that,  by  reason  of  distance  owing  to  the  location  of  the  roads, 
the  location  as  made  effectually  deprived  many  of  the  subdistrict  of 
the  privilege  of  attendance  at  school.  On  trial,  the  County  superin- 
tendent reversed  the  action  of  the  board  and  located  a  new  site.  From 
his  decision  the  board  appealed  to  this  department,  claiming  that  the 
county  superintendent  erred  in  selecting  a  site  entirely  different  from 
those  with  reference  to  which  testimony  was  taken;  that  it  is  on  the 
extreme  east  line  of  said  subdistrict,  and  hence  cannot  be  called  at  all 
central ;  that  the  board  took  into  account  in  making  the  location,  the 
possibility  of  a  change  in  the  northern  boundary  of  the  subdistrict, 
which  would  make  the  situation  chosen  a  suitable  one  for  the  remain- 
ing subdistrict;  that  a  portion  of  his  decision  was  conditional  and  void; 
and  that  the  board  did  not  abuse  the  discretion  vested  in  them  by 
making  the  location  as  they  did. 


SCHOOL  LAW  DECISIONS.  99 


J.  J.  Wilson  et  al.  T.  District  Township  of  Monroe. 

The  assumption  that  the  county  superintendent  did  not  have  the 
right  to  locate  a  school-house  site  differing  in  location  from  the  one 
made  by  the  board,  or  the  one  petitioned  for  by  the  appellants,  is  a 
mistake.  See  John  Clark  v.  District  Township  of  Wayne,  School 
Law  Decisions,  1876,  page  47;  also  opinion  of  the  attorney-general  in 
Iowa  School  Journal  for  April,  1866,  in  which  the  following  ruling  was 
made: 

"  The  county  superintendent  is  not  limited  to  a  reversal  or  affirm- 
ance of  the  action  of  the  board,  but  he  determines  the  same  questions 
which  it  had  determined."  The  nature,  of  the  subdistrict  is  peculiar. 
It  is  long  and  narrow,  and  its  western  boundary,  the  North  Skunk 
river,  which  also  makes  nearly  all  its  southern  boundary,  is  a  disturb- 
ing element  when  we  attempt  to  locate  the  site  for  a  school-house  to 
.accommodate  all  the  people. 

While  under  ordinary  circumstances  a  site  near  the  boundary  of  a 
subdistrict  would  be  unadvisable,  in  this  case  it  seems  necessary,  unless 
additional  road  facilities  can  be  secured. 

The  site  selected  by  the  county  superintendent,  is  clearly  the  one 
best  calculated  to  accommodate  the  whole  subdistrict  as  constituted  at 
present. 

The  location  of  a  school-house  site  can  be  dependent  upon  a  change 
of  boundaries  only  when  it  is  shown  in  evidence  that  it  is  the  inten- 
tion of  the  board,  or  boards,  to  make  such  change.  See  E.  Gosting 
•v.  District  Township  of  Lincoln,  School  Law  Decisions,  page  78.  In 
this  case,  it  is  not  claimed  that  any  change  is  actually  intended  or  ex- 
pected. The  limit,  as  made  provisionally  by  the  county  superintend- 
ent, of  thirty  days  for  such  changes  of  roads  as  would  make  a  more 
central  location  feasible  and  desiratjje.  was  too  short  a  time,  under  the 
provisions  of  law,  to  effect  the  result.  For  that  reason  we  shall  extend 
the  time  for  the  establishment  of  a  road  to  ninety  days  from  the  date 
of  his  decision,  or  to  such  time  as  the  board  of  directors  may  show  to 
be  necessary  to  establish  the  road,  provided,  that  immediate  steps  shall 
be  taken  to  bring  about  the  result,  if  desired. 

The  discretion  of  the  board  was  evidently  abused  in  not  providing 
•equal  school  facilities  for  those  living  in  the  northern  portion  of  the 
subdistrict,  by  their  location  of  the  school-house  site. 

In  case  the  road  contemplated  is  secured,  the  board  may  locate  the 
site  thereon,  as  near  the  center  of  the  district  as  good  and  suitable 
ground  can  be  found.  If  no  steps  are  taken  to  secure  such  a  road,  or 
in  case  the  road  cannot  be  procured,  the  location  last  chosen  by  the 
county  superintendent  is  to  be  regarded  as  the  site,  and  his  decision  is 
hereby 

AFFIRMED. 

C.  W.  vo^  COELLN, 
Superintendent  of  Public  Instruction, 

August  7,  1877. 


100  SCHOOL  LAW  DECISIONS. 


Kennon,  Onne,  Bullock  et  al.  v.  Independent  District  No.  Four,  Nodaway  Township. 


KENNON,  ORME,  BULLOCK  et  al.  v.  INDEPENDENT  DISTRICT  NUMBER 
FOUR,  NODAWAY  TOWNSHIP. 

Appeal  from  Adams  County. 

1.  SCHOOL-HOUSE  SITE.    The  choice  of  a  school-house  site  by  the  electors 
has  no  binding  force. 

2.  DISCRETIONARY  ACTS.    Since  the  board  of  directors  have  original 
jurisdiction,  their  discretionary  acts  should  not  be  interfered  with  by  an 
appellate  tribunal,  although  not  agreeing  with  their  judgment,  unless  they 
violated  law,  showed  prejudice  or  malice,  or  abused  their  discretion  in  such 
a  manner  as  to  require  interference. 

At  the  annual  meeting  in  March,  1877,  the  electors  of  independent 
district  number  four,  Nodaway  township,  voted  to  issue  bonds  to  build 
a  school-house,  not  specifying  where  to  build  said  house.  The  board 
of  directors  called  an  informal  meeting  of  the  electors,  which  was  held 
May  12,  to  give  expression  to  their  views  as  to  the  location  they 
would  prefer.  On  the  second  of  June  the  board  made  a  location  dif- 
fering from  the  one  which  a  majority  of  the  electors  had  indicated  as 
their  choice.  From  this  order  of  the  board,  Kennon,  Orme,  Bullock 
et  ul.j  appealed  to  the  county  superintendent,  who  on  trial  reversed  the 
order  of  the  board,  and  selected  the  site  chosen  by  the  electors  at  the 
special  meeting.  David  Shipley  and  Joseph  Landes,  members  of  the 
board,  appeal  to  the  superintendent  of  public  instruction. 

The  evidence  in  the  case  discloses  a  desire  on  the  part  of  the  board 
to  determine  without  prejudice,  the  best  site.  The  expression  of  the 
electors,  as  given,  was  only  suggestive,  and  not  of  binding  force.  If 
the  site  had  been  fixed  by  them  at  the  time  of,  and  in  connection  with, 
the  voting  of  the  bonds,  the  board  would  have  been  compelled  to  fol- 
low those  instructions.  See  Hubbard  v.  District  Township  of  Lime 
Creek,  School  Law  Decisions,  page  77,  first  division  of  syllabus.  But 
there  is  no  provision  in  law  for  an  extra  or  special  meeting  of  electors 
to  instruct  a  board  with  regard  to  the  location  of  a  site,  nor  are  such 
suggestions  of  any  force  except  as  an  expression  of  opinion,  since  the 
board  are  by  law  invested  with  the  power  to  locate  sites 

The  fact  that  one  member  of  the  board  changed  his  mind  with 
regard  to  the  best  location,  shows,  that  on  further  consideration,  his 
judgment  led  him  to  favor  the  site  best  adapted  to  the  needs  of  the 
district,  since  we  may  not  question  his  motives,  but  must  regard  his 
action  as  based  upon  proper  grounds. 

The  site  chosen  by  the  board  is  near  the  geographical  center  of 
the  district;  and  the  location  of  the  roads,  as  shown  by  the  plat  in  evi- 
dence, is  such  as  would  not  warrant  us  in  reversing  the  discretionary 
act  of  the  board.  And  even  though  an  appellate  tribunal  does  not 
fully  coincide  with  the  decision  of  the  board,  it  is  compelled  to  sustain 
their  action,  unless  it  is  proved  conclusively  that  they  violated  law. 


SCHOOL  LAW  DECISIONS. 


W.  M.  Jenkins  et  al.  v.  Independent  District  of  Methodist  Grove. 

acted  with  passion  or  prejudice,  or  with  manifest  injustice,  since  boards 
of  directors  are  invested  by  law  with  large  discretionary  powers,  and, 
having  original  jurisdiction,  their  acts  are  entitled  to  great  considera- 
tion, and  should  not  be  reversed  without  the  clearest  reasons.  The 
board  are  entitled  to  the  benefit  of  every  doubt.  See  Bacon  v.  District 
Township  of  Liberty,  School  Law  Decisions  of  1876,  page  150;  Ed- 
wards  v.  District  Toumship  of  West  Point }  same,  page  69;  also,  Brown 
v.  District  Township  of  Van  Meter,  same,  page  153. 

Because  we  do  not  believe  that  the  discretionary  power  of  the  board 
has  been  abused  to  such  an  extent  as  to  require  a  reversal,  the  county 
superintendent  should  have  affirmed  the  action  of  the  board,  and  his 
decision  is  hereby 

REVERSED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction* 
November  13,  1877. 


W.  M.  JENKINS  et  al.  v.  INDEPENDENT  DISTRICT  OF  METHODIST  GROVE. 
Appeal  from   Adams  County. 

ADDITIONAL  SCHOOL.  An  additional  school  should  be  granted  for  fifteen 
or  more  scholars,  who  are  too  far  from  any  school  in  their  district  to  enjoy 
reasonable  school  facilities. 

The  independent  district  of  Methodist  Grove  is  square  in  form,  and 
includes  nine  sections  of  land.  The  school-house  is  one-half  mile 
east  of  the  center  of  the  district. 

On  the  28th  of  June,  1877,  W.  M.  Jenkins  and  others,  living  quite 
a  distance  from  the  school-house,  presented  a  petition  to  the  board  of 
directors  asking  a  three  months1  additional  school  to  accommodate 
their  children.  The  board  refused  to  grant  their  request.  From  this 
order  W.  M.  Jenkins  and  others  appealed  to  the  county  superintend- 
ent, who  reversed  the  action  of  the  board.  Prom  this  decision  James 
Lemon  and  G.  W.  McDuffee,  for  the  board,  appeal  to  the  superintend- 
ent of  public  instruction. 

It  is  the  intention  of  the  law  to  provide  equal  school  facilities  for 
all  the  youth  of  the  state.  This  question  is  discussed  by  the  supreme 
court  in  24  Iowa,  266,  in  the  case  of  Clark  v.  Independent  District 
of  Muscatine.  Section  1793  indicates  that  the  distance  of  one  and 
one-half  miles  is  considered  as  the  maximum  distance  to  be  traveled 
by  school  children,  to  provide  them  with  proper  school  facilities.  Of 
course,  in  sparsely  settled  regions  this  law  would  not  apply,  for  a  suf- 
ficient number  to  establish  a  school  might  not  be  found  within  the 
radius  of  one  and  one-half  miles.  The  law  also  specifies  the  mini- 


102  SCHOOL  LAW  DECISIONS. 


J.  H.  Downs  and  C.  W.  Coffee  v.  Independent  District  of  West  Branch. 

mum  number  of  children  to  constitute  a  school.  Section  1725  provides 
that  a  school-house  may  be  erected  to  accommodate  fifteen  pupils,  and 
a  room  rented  and  a  teacher  hired  for  five  pupils. 

In  this  case  the  distance  is  too  great  to  secure  proper  school  facili- 
ties by  sending  to  the  only  school-house  now  possessed  by  the  district, 
especially  during  the  winter  season.  The  number  of  scholars  in  the 
territory  affected  is  large  enough  to  entitle  them  to  a  school-house. 
The  refusal  of  the  board  to  grant  additional  school  facilities  seems  to 
be  a  violation  of  the  law.  The  plea  which  the  board  urge,  that  other 
portions  of  the  district  will  require  the  same  opportunity,  proves  what 
has  been  always  evident  to  my  mind,  that  a  district  of  nine  sections, 
in  a  region  which  is  densely  populated,  is  an  unfortunate  one.  As  no 
new  independent  district  can  be  created  since  July,  1876,  I  suggest 
that  such  changes  of  boundaries  be  made  between  the  different  inde- 
pendent districts  in  Nodaway  township,  in  conformity  with  section 
1809,  or  such  consolidation  by  section  1811,  as  to  provide  for  wards  of 
about  four  sections  each.  But,  for  this  winter,  the  petition  of  W.  M. 
Jenkins  and  others  ought  to  be  granted,  and  the  action  of  the  county 
superintendent  is  hereby 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

December  11,  1877. 


J.  H.  DOWNS  AND  C.  W.  COFFEE  v.  INDEPENDENT  DISTRICT  OF  WEST 

BRANCH. 

Appeal  from  Cedar  County. 

1.  LANGUAGE  OF  STATUTE:    Construction  of.    In  construing  the  lan- 
guage of  a  statute,  the  history  of  the  legislation  affecting  such  statute  will 
always  be  considered. 

2.  INDEPENDENT  DISTRICTS:    Establishment  of.    City  and  town  inde- 
pendent districts  may  be  formed  from  different  townships  and  counties. 

3.  TERRITORY  :    Transfer  of.    The  mandatory  provision  of  section  1798, 
for  the  transfer  of  territory,  applies  only  when  both  corporations  are  district 
townships. 

On  the  17th  of  September,  1877,  two-thirds  of  the  electors  residing 
on  the  east  half  of  sections  one  and  twelve,  township  79,  range  5, 
lying  in  the  civil  township  of  Scott,  Johnson  county,  but  included  in 

NOTE.— The  ruling  under  the  third  subdivision  above,  is  also  found  in  Iowa  Reports,  45,  page  53. 

Chapter  111,  laws  of  the  eighteenth  general  cssembly,  provides  for,the  mandatory  transfer  of  such 
territory,  as  sought  to  be  accomplished  by  this  appeal.  We  publish  this  decision  on  account  of  the- 
history  of  legislation  resulting  in  the  adoption  of  section  1798,  of  the  Code. 


SCHOOL  LAW,  DECISIONS.  J  Q  3 


J.  H.  Downs  and  C.  W.  Coffee  v.  Independent  District  of  West  Branch. 


the  independent  district  of  West  Branch,  Cedar  county,  from  its 
organization,  petitioned  the  board  of  directors  of  said  independent  dis- 
trict to  restore  them  to  Scott  township,  claiming  the  right  under  sec- 
tion 1798.  The  board  refused,  and  an  appeal  was  taken  to  the  county 
superintendent  of  Cedar  county,  who  reversed  the  action  of  the  board 
and  ordered  the  restoration.  From  this  decision  J.  C.  Chambers,  presi- 
dent of  the  board  of  directors  of  West  Branch,  appeals  to  the  super- 
intendent of  public  instruction. 

This  case  was  decided  by  the  county  superintendent  in  conformity 
with  the  opinion  of  the  attorney-general,  that  section  1798,  of  the 
Code  of  1873,  applied  to  independent  districts  formed  under  the  pro- 
visions of  sections  1800  and  1801. 

Coming  to  this  department  on  appeal  for  review  and  final  hearing, 
and  involving  the  rights  of  these  independent  city  and  town  districts 
as  corporations,  and  incidentally  involving  the  rights  of  other  persons 
who  may  have  loaned  money  on  bonds  issued  by  such  corporations,  I 
have  taken  especial  pains  to  investigate  the  case  in  all  its  bearings, 
and  have  consulted  not  only  the  attorney-general,  but  other  able  law- 
yers, as  well  as  the  circuit  judge  of  the  fifth  judicial  district,  who  has 
had  the  same  question  under  consideration  in  the  case  of  F.  Peters  et 
al.  v.  A.  Ustick  et  al.,  directors  of  the  independent  district  of  Dallas 
Center.  The  able  arguments  made  by  the  gentlemen  employed  as 
counsel  in  this  case,  have  thrown  additional  light  upon  some  points 
not  before  quite  clear  to  me. 

The  supreme  court  in  the  case  of  the  City  of  Burlington  v.  Kel- 
lar,  18  Iowa,  59,  say :  "  In  construing  the  language  of  a  statute  the 
history  of  the  legislation  affecting  such  statute  will  always  be  consid- 
ered/' 

In  the  case  of  Ya-nt  et  al.  r.  Brocks  et  al.,  19  Iowa,  87,  the  express- 
ion is:  "The  court  will,  in  the  construction  of  a  statute,  take  into 
view  the  general  system  of  legislation  upon  the  subject-matter." 

Following  this  plan  let  us  investigate  the  successive  steps  which  have 
led  to  section  1798,  of  the  Code  of  1873,  for  upon  its  interpretation 
this  case  must  stand  or  fall,  as  it  is  not  questioned  on  the  one  side  that 
the  disputed  territory  has  been  a  part  of  the  independent  district  of 
West  Branch  from  its  organization,  nor  that  two-thirds  of  the  quali- 
fied electors  on  the  disputed  territory  petitioned  for  its  setting  off  to 
Scott  township,  Johnson  county.  The  present  school  law  was  enacted 
by  the  seventh  general  assembly  in  1858,  by  an  act  approved  March 
12,  of  that  year,  called  "  an  act  for  the  public  instruction  of  the  state 
of  Iowa."  This  act  recognized  the  civil  townships  as  the  district 
townships,  but  retained  the  city  districts  with  a  population  of  one  thous- 
and inhabitants,  with  contiguous  territory  formerly  established.  A 
question  of  constitutionality  arising,  the  board  of  education,  in  I860, 
re-enacted  this  same  law  with  certain  modifications,  among  which  was 
the  recognition  and  continuance  of  districts  formerly  organized,  which 
were  i»  two  or  more  adjoining  townships  or  counties.  See  section  63, 
on  page  21,  School  Laws  of  1860.  In  this  same  section  a  provision 
was  made  to  transfer  the  part  not  having  the  school-house  to  the 


104  SCHOOL  LAW  DECISIONS. 


J.  H.  Downs  and  O.  W.  Coffee  v.  Independent  District  of  West  Branch. 

township  to  which  it  geographically  belonged,  by  concurrent  action  of 
the  boards  of  directors  of  the  districts  affected  thereby. 

It  also  provided  in  sections  63  and  64,  that  these  provisions  should 
not  be  construed  as  applying  to  cities  and  villages,  nor  giving  to  town- 
ship boards  of  directors  jurisdiction  over  any  territory  included  within 
the  limits  of  any  city  or  incorporated  village,  with  the  territory  an- 
nexed thereto  for  school  purposes,  organized  as  separate  districts. 

The  ninth  general  assembly,  in  section  78,  of  chapter  172,  made  this 
transfer  of  territory  to  the  district  to  which  it  geographically  be- 
longed mandatory,  when  two-thirds  of  the  electors  so  petitioned. 

Section  16,  chapter  143,  of  the  laws  of  the  eleventh  general  assem- 
bly, first  introduced  the  clause  with  reference  to  natural  obstacles, 
which  is  now  found  in  section  1797. 

Chapter  94  of  the  laws  of  the  thirteenth  general  assembly,  extended 
this  provision  to  territory  in  adjoining  counties,  which  was  repealed 
by  section  3,  of 'chapter  125  of  the  laws  of  the  fourteenth  general 
assembly. 

This  same  chapter  125  of  the  fourteenth  general  assembly,  in  section 

1,  provided  for  the  restoration  of  the  territory  set  off  by  the  acts  of  the 
eleventh  and  thirteenth  general  assemblies,  either  by  the  concurrence 
of  the  respective  boards,  or  by  the  petition  of  two-thirds  of  the  electors 
residing  upon  the  disputed  territory. 

In  section  2  it  provided  under  what  circumstances  an  independent 
district  could  be  reduced  by  petition  of  two-thirds  of  the  electors. 

When  the  Code  commissioners  codified  these  various  laws  they  found 
that  section  1798  as  it  now  stands,  would  cover  all  cases  under  section 
1797  or  under  the  acts  of  former  assemblies  as  well  as  all  cases  coming 
from  the  districts  formed  prior  to  1858,  bat  they  incorporated  section 

2,  of  chapter  125  of  the  fourteenth  general  assembly  as  section  1810  of 
the  Code. 

Counsel  for  appellee  call  attention  to  the  rule  of  construction  found 
in  Leversee  v.  Reynolds,  13  Iowa,  310:  "  Words  in  a  statute  will  not 
be  construed  as  mere  surplusage,  if  a  construction  can  be  legitimately 
formed  which  will  give  force  to  and  preserve  the  entire  statute.1' 

We  shall  strictly  adhere  to  such  construction  when  we  recognize  that 
section  1798  does  apply  to  independent  city  districts  when  territory  has 
been  set  into  them  for  school  purposes  as  provided  for  by  section  1797 
and  the  acts  of  former  assemblies,  but  cannot  make  it  apply  to  cases 
where  territory  was  taken  under  -the  provisions  of  sections  1800  and 
1801  in  the  formation  of  city  or  town  independent  districts,  for  it  is 
not  then  a  setting  off  of  territory ;  but  the  creation  of  a  new  corpora- 
tion sanctioned  by  law,  and  the  rules  governing  district  townships  do 
not  apply,  as  section  1806  expressly  requires.  There  are  two  provisions 
of  the  laws  governing  independent  districts  which  provide  for  cases  of 
this  kind.  Section  1809  provides  for  the  change  of  boundaries  by  con- 
sent of  the  respective  boards,  which  action  is  of  course  subject  to 
appeal,  and  section  1810,  which  is  the  only  mandatory  provision  requir- 
ing boards  of  independent  districts  to  give  up  territory  taken  in  forma- 
tion of  the  district.  If  this  case  was  brought  under  the  provisions  of 


SCHOOL  LAW  DECISIONS.  1Q5 


J.  H.  Downs  and  C.  W.  Coffee  v.  Independent  District  of  West  Branch. 

section  1809  from  the  action  of  the  board  which  refused  to  concur,  the 
matter  might  be  tried  on  its  merits,  but  now  it  rests  as  before  said 
simply  on  the  interpretation  of  section  1798. 

It  certainly  is  also  a  law  of  construction  of  the  statute  that  no  such 
interpretation  be  given  to  it,  as  would  show  an  absurdity  on  the  face 
of  it,  as  long  as  a  reasonable  interpretation  can  be  given.  Section 
1801  provides  that  the  board  of  directors  of  the  township  in  which  a 
town  or  city  is  situated  shall  establish  the  boundaries  of  the  contem- 
plated district,  and  section  1805,  as  well  as  the  supreme  court  in  the 
case  of  District  Township  of  Union  c.  Independent  District  of  Greene, 
41  Iowa,  30,  show  conclusively  that  such  boards  are  not  obliged  to 
limit  these  boundaries  by  county  lines. 

A  vote  is  taken  by  section  1801,  to  form  such  independent  district, 
with  boundaries  as  established  by  the  board  of  directors,  without  refer- 
ence to  the  wish  of  the  individuals  who  may  be  included  within  said 
boundaries,  unless  they  appeal  before  the  formation  of  said  district. 
After  they  have  thus  been  formed  into  a  new  corporation,  if  section 
1798  applies,  this  corporation  may  be  immediately  dismembered  or  dis- 
integrated by  the  petition  of  any  portion  of  said  district  in  which  two- 
thirds  of  the  electors  can  be  found  'willing  to  petition  the  board  of  said 
district  for  being  set  off. 

This  would  provide  for  the  suicide  of  the  newly  created  corporation, 
which  cannot  be  deemed  a  reasonable  interpretation.  Counsel  for 
appellee  place  great  stress  upon  the  words  "  may  be,"  in  the  first  line 
of  section  1798,  referring,  as  they  say,  to  future  action,  but  in  no  case 
under  the  provisions  of  the  Code,  except  in  independent  city  or  town 
districts,  can  such  setting  off  into  an  adjoining  county  be  done,  hence 
they  conclude  that  the  section  must  apply  to  independent  city  or  town 
districts. 

We  all  know  that  the  codifiers  in  many  cases,  and  especially  in  this 
case,  took  the  words  of  the  acts  of  former  assemblies  and  particularly 
those  of  the  fourteenth  general  assembly,  which,  in  fact,  enacted  the 
Code  of  1873.  This  expression  in  chapter  125  of  the  fourteenth  gen- 
eral assembly  was  made  when  it  was  not  sure  that  the  third  section  of 
said  bill  would  pass;  and  if  chapter  94  of  the  thirteenth  general  assem- 
bly remained  in  force,  the  term  "  may  be "  was  needed.  It  is  in  fact 
quite  possible  that  section  3,  of  chapter  125,  was  an  addendum  made 
after  the  bill  was  introduced. 

It  may  also  be  true  that  the  commissioners  in  framing  this  section 
may  have  had  in  view  the  possible  re-enacting  of  a  clause  similar  to 
chapter  94  of  the  thirteenth  general  assembly  and  provided  beforehand 
for  such  emergency. 

Again  there  are  two  terms  "  has  or  may  be,"  and  two  others  "  adjoin- 
ing county  or  township."  Now,  no  one  questions  that  the  first  term 
"  has  "  applies  to  both  county  and  township,  and  the  second  may  only 
include  township,  and  to  avoid  repetition  the  terms  "  has  or  may  be  " 
were  used  to  apply  to  their  respective  parts. 

In  view  of  these  circumstances,  and  the  serious  injury  that  might  be 
done  to  the  rights  of  corporations  and  individuals,  if  we  should  apply 

14 


106  SCHOOL  LAW  DECISIONS. 


.  C.  J.  F.  Newell  v.  District  Township  of  Franklin. 

section  1798  to  independent  city  and  town  districts,  we  must  decide 
that  the  territory  in  dispute  cannot  demand  to  be  set  into  Scott  town- 
ship, and  must  remain  a  portion  of  the  independent  district  of  West 
Branch,  unless  the  board  of  said  independent  district  concur  under  the 
provisions  of  section  1809  with  the  board  of  directors  of  Scott  town- 
ship in  a  change  of  boundaries. 

The  decision  of  the  county  superintendent  is,  therefore, 

REVERSED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction, 
February  5,  1878. 


C.  J.  F.  NEWELL  v.  DISTRICT  TOWNSHIP  OF  FRANKLIN. 
Appeal  from  Allamakee  County. 

CONTRACTS.  An  appeal  to  enforce  a  contract  cannot  lie.  To  prevent  the 
board  from  enforcing  a  contract  in  violation  of  law,  an  injunction  by  a  court 
is  the  proper  remedy. 

This  case  was  brought  before  the  county  superintendent  by  C.  J.  F. 
Newell,  with  a  view  to  seek  a  decision  whereby  the  board  of  directors 
might  be  compelled  to  award  a  contract  to  him  to  build  a  school-house, 
as  he  claimed  to  be  the  lowest  responsible  bidder  for  the  same. 

An  examination  of  the  affidavits  and  testimony  indicates  clearly 
that  this  is  one  of  those  cases  which  the  law  provides  cannot  be  deter- 
mined by  school  officers  on  appeal. 

Section  1836  prevents  county  superintendents  and  the  state  superin- 
tendent from  rendering  a  judgment  for  money.  Making  a  contract 
entered  into  by  a  board  of  directors  with  a  given  party  subject  to  ap- 
peal, would  be  indirectly  rendering  a  judgment  for  money,  since  the 
board  would  be  personally  bound  by  the  contract.  See  Andrews  &  Co. 
r.  Telford,  37  Iowa,  314. 

Contracts  made  in  violation  of  section  1723  are  illegal,  and  their  ful- 
fillment may  be  prevented  by  injunction. 

The  proper  remedy  in  this  case  is  an  injunction  from  the  courts  of 
law.  The  county  superintendent  should  have  dismissed  the  case  for 
want  of  jurisdiction,  therefore  his  decision  is  reversed  and  the  case  dis- 
missed. 

REVERSED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

March  19,  1878. 


SCHOOL  LAW  DECISIONS.  107 

T.  J.  Dunlavy  v.  O.  M.  Klinginemith. 

T.  J.  DUNLAVY  v.  0.  M.  KLINGINSMITH. 
Appeal  from  Davis  County. 

1.  PUNISHMENT.    The  use  of  the  rod  is  allowable  as  a  last  resort. 

2.  GOVERNMENT.    The  inability  to  govern  is  sufficient  reason  for  with- 
holding a  certificate  and  for  the  revocation  of  the  same. 

3.  CERTIFICATE:     Revocation  of.     A  certificate  which  has  expired  by 
limitation  cannot  be  revoked. 

In  this  case  T.  J.  Dunlavy  brought  charges  against  0.  M.  Klingin- 
smith,  the  teacher  of  his  children,  for  brutal  treatment,  the  specifica- 
tion being  that  said  Klinginsmith  whipped  Dunlavy 's  step-son  cruelly 
and  excessively.  Other  charges  were  first  prepared,  but  finally  with- 
drawn. The  county  superintendent  decided  that  the  charges  were  not 
sustained,  and  Mr.  Dunlavy  appeals  to  this  department. 

The  claim  made  by  appellant's  counsel,  that  all  whipping  is  now 
nearly  frowned  down  by  the  people,  if  not  by  the  courts,  does  not 
seem  to  be  well  founded,  when  we  consider  the  strong  position  taken 
by  our  own  court  in  45  Iowa,  250.  That  the  use  of  the  rod  is  the  last 
resort  of  a  good  teacher,  and  is  seldom  used,  we  all  admit;  but  scarcely 
an  experienced  educator  will  say  that  the  use  of  the  rod  should  be  abso- 
lutely discontinued.  On  the  other  hand,  the  counsel  for  appellee  mis- 
takes the  jurisdiction  of  the  county  superintendent,  when  he  claims 
that  such  a  case  as  this  one  cannot  affect  the  withholding  or  revocation 
of  a  certificate. 

Although  the  general  character  of  i  he  teacher  may  be  good,  if  he 
should  fail  to  be  able  to  govern  a  school  without  the  constant  use  of 
the  rod,  and  govern  but  poorly  at  that,  it  is  the  duty  of  the  county 
superintendent  to  protect  the  people  from  abuse  by  refusing  to  grant 
a  certificate,  or  if  he  has  granted  it,  he  may  revoke. 

In  the  case  before  us,  it  is  undoubtedly  true  that  the  boy  who 
received  the  whipping  had  provoked  the  teacher  and  deserved  by  his 
persistent  small  offenses  a  severe  punishment.  That  the  punishment 
was  severe,  and  perhaps  too  severe,  is  apparent  from  the  evidence. 
There  is,  however,  no  good  proof  to  show  that  the  teacher  punished 
with  malice  or  intent  to  injure  beyond  a  reasonable  correction. 

The  case  itself  ought  to  have  been  dismissed  by  the  county  superin- 
tendent, because,  if  there  was  any  object  in  the  charges,  it  was  for  the 
purpose  of  revoking  of  a  certificate;  but  a  certificate  expiring  by  limita- 
tion on  the  6th  of  January  could  not  be  revoked  on  the  22d  of  January. 


108  SCHOOL  LAW  DECISIONS. 


B.  Spinharney  v.  District  Township  of  Rock. 

As  long  as  the  case  was  decided  on  its  merits,  we  feel  obliged  to  sus- 
tain the  discretionary  act  of  the  county  superintendent. 
The  decision  of  the  county  superintendent  is  hereby 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 
April  22,  1878. 


B.  SPINHARNEY  v.  DISTRICT  TOWNSHIP  OF  ROCK. 
Appeal  from   Cherokee   County. 

1.  SUBDISTRICT  :    Formation  of.    Subdistricts  having  at  the  time  of  for- 
mation fifteen  persons  between  five  and  twenty-one  years  of  age,  are  properly 
formed. 

2.  SCHOOL-HOUSE:    Erection  of.    A  school-house  cannot  be  erected  in 
such  subdistrict,  it  from  any  cause  the  number  of  persons  between  five  and 
twenty-one  years  of  age,  has  been  reduced  below  fifteen. 

On  the  second  of  February,  1878,  the  board  of  directors  of  Rock 
township,  Cherokee  county,  redistricted  the  township,  forming  one  new 
subdistrict.  B.  Spinharney  appealed  from  this  action  to  the  county 
superintendent,  who  affirmed  the  action  of  the  board,  and  from  this 
action  Spinharney  appeals  to  the  superintendent  of  public  instruction. 

The  ground  of  appeal  is,  that  the  new  subdistrict  is  unnecessary, 
and  that  it  leaves  one  subdistrict  with  less  than  fifteen  pupils. 

With  regard  to  this  latter  point,  the  evidence  shows  that  on  the  day 
of  the  action  there  were  unquestionably  fifteen  pupils  in  each  of  the 
subdistricts;  but  that  afterward  one  child  of  school  age  died. 

The  action  of  the  board  was  not  in  violation  of  law  and  could  not 
be  reversed  on  that  ground  because  a  change  afterward  occurred. 

As  regards  the  judgment  of  the  board,  it  is  impossible  to  determine 
at  this  distance,  whether  it  is  good  or  not;  the  shape  of  the  subdistricts 
is  not  such  as  we  would  make,  but  nothing  in  the  evidence  shows  such 
abuse  of  discretion  as  to  cause  us  to  reverse  the  action  of  the  board, 
or  that  of  the  county  superintendent;  and  as  no  malice  or  prejudice  is 
claimed,  we  feel  obliged  to  sustain  the  action  of  the  board,  with  this 
suggestion,  that  a  new  school-house  cannot  be  built  for  the  accommo- 
dation of  less  than  fifteen  pupils. 

The  decision  of  the  county  superintendent  is  hereby 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

May  8,  1878. 


SCHOOL  LAW  DECISIONS.  109 

Z.  Darnell  v.  Independent  District  of  Amity. 

Z.  DARNELL  v.  INDEPENDENT  DISTRICT  OF  AMITY. 
Appeal  from  Lucas  County. 

1.  SUSPENSION  OR  EXPULSION.    Suspension  or  expulsion  of  a  scholar  re- 
quires the  action  of  the  board  by  a  majority,  and  the  concurrence  of  the 
president. 

2.  RECORD.    The  record  of  the  secretary  must  be  considered  as  evidence, 
unless  there  is  proof  of  fraud  or  falsehood. 

The  majority  of  the  board  of  the  independent  district  of  Amity, 
expelled  Z.  Darnell  from  their  school  for  refusing  to  obey  a  rule  of 
the  teacher.  The  said  Darnell  appealed  to  the  county  superintendent, 
who  affirmed  the  action  of  the  board,  and  an  appeal  is  taken  to  the 
superintendent  of  public  instruction. 

Section  1735  requires  a  majority  of  the  board  with  the  concurrence 
of  the  president  in  order  to  suspend  or  expel  a  scholar  for  gross  im- 
morality or  persistent  violation  of  the  regulations  or  rules  of  the 
school. 

This  we  interpret  to  mean,  that  the  board,  in  regular  or  special  ses- 
sion, can  by  a  majority  of  the  board,  with  the  concurrence  of  the 
president,  suspend  or  expel. 

While  there  is  some  doubt  in  this  case  whether  there  really  was  a 
meeting  of  the  board,  we  must  accept  the  record  of  the  secretary  as 
correct  so  long  as  there  is  no  proof  of  fraud  or  falsehood. 

Counsel  for  appellant  seems  to  think  that  the  law  requires  a  regular 
trial  and  defense. 

The  law  makes  no  such  demand.  The  remedy  for  an  aggrieved 
party  is  an  appeal  before  the  county  superintendent,  where  a  trial  is 
had  and  a  defense  can  be  made. 

The  case  in  controversy  shows  on  the  trial  that  the  young  man, 
Darnell,  had  not  obeyed  the  command  of  his  teacher,  who  inflicted  a 
slight  punishment  upon  him  and  others,  for  a  disturbance  in  which 
both  he  and  other  boys  had  participated. 

If  this  refusal  to  obey  was  persisted  in,  the  board,  under  section 
1735,  had  the  right  to  suspend  or  expel  the  said  Darnell. 

The  ofiense  for  which  the  punishment  was  given  was  perhaps  of 
trivial  character,  but  the  refusal  to  obey  on  the  part  of  a  young  man 
capable  of  reasoning,  was  a  serious  ofiense,  and  must  be  treated  as 
such. 

The  expulsion  of  the  young  man  was  undoubtedly  a  severe  meas- 
ure, and  if  the  case  had  been  tried  by  us  de  now,  we  should 
have  substituted  a  conditional  suspension  until  obedience  was  secured. 
But  the  discretionary  act  of  the  board  is  not  tainted  by  malice  nor  pas- 


SCHOOL  LAW  DECISIONS. 


Wm.  Donald  v.  District  Township  of  South  Fork. 


sion,  and  there  is  sufficient  reason  for  sustaining  the  action  of  the 
board.     The  decision  of  the  county  superintendent  is,  therefore, 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 
June  10,  1878. 


WM.  DONALD  v.  DISTRICT  TOWNSHIP  OF  SOUTH  FORK. 
Appeal  from  Wayne  County. 

1.  SALARY  OF  TEACHERS.    The  salary  of  teachers  should  be  in  propor- 
tion to  their  ability  and  responsibility,  and  not  equal  when  these  circum- 
stances differ  materially. 

2.  CONTROL  OF  SALARIES.    The  control  of  salaries  is  wholly  within  the 
power  of  the  board  and  cannot  be  determined  by  an  appeal,  because  it  is  not 
within  the  jurisdiction  of  county  or  state  superintendent  to  order  the  pay- 
ment of  money. 

On  the  18th  day  of  March,  1878,  the  board  of  directors  of  the  dis- 
trict township  of  South  Fork  made  an  order  fixing  the  salaries  of 
teachers  in  the  township  for  the  summer  schools  at  the  uniform  price 
of  twenty  dollars  per  month.  From  this  action  Wm.  Donald  appealed 
to  the  county  superintendent,  who  affirmed  the  action  of  the  board. 
From  his  decision  Wm.  Donald  appeals  to  the  superintendent  of  pub- 
lic instruction. 

It  is  alleged  by  the  appellant  that  the  county  superintendent  erred 
in  deciding  that  the  board  did  not  violate  law  in  voting  that  the  same 
amount  of  salary  should  be  paid  to  the  teacher  in  each  subdistrict. 
It  is  claimed  that  the  board  should  have  provided  for  a  higher  salary 
in  some  schools  of  the  township. 

The  difficulty  with  appellant's  counsel  is  that  he  believes  the  note 
to  be  a  part  of  the  law. 

My  predecessor  gave  his  own  views  of  the  employment  of  teachers 
and  I  most  fully  agree  with  him  in  his  view. 

The  law  leaves  the  whole  matter  to  the  directors  and  presumes  that 
they  will  deal  equitably. 

Unfortunately,  selfishness  is  a  nearly  universal  characteristic  of 
human  kind,  and  too  often  the  majority,  representing  weak  districts, 
weak  both  in  numbers  and  in  property,  demands  an  equal  distribution 
of  the  money  on  hand  for  teachers'  pay. 

The  law  organizing  the  rural  independent  districts,  passed  in  1872, 
arose  from  the  feeling  that  this  selfishness  was  working  injustice  to 
little  towns  and  wealthy  and  populous  subdistricts.  The  creation  of 
these  independent  districts  works  an  injustice  to  the  weaker  districts, 


SCHOOL  LAW  DECISIONS. 


James  Jacoby  et  al.  v.  Independent  District  of  Nodaway. 


for  it  is  proper  and  desirable  that  the  wealthier  districts  should  aid 
their  weaker  neighbors  to  sustain  fair  schools. 

With  regard  to  this  case,  we  do  not  see  wherein  the  board  violated 
law.  The  idea  of  prejudice  is  slightly  apparent  from  the  testimony, 
but  not  sufficiently  to  reverse  the  action  of  the  board. 

That  equity  has  not  been  observed  seems  very  evident,  for  it  must 
be  presumed  that  a  larger  school  population  requires  a  better  teacher; 
and  if  a  better  and  more  experienced  teacher  is  needed,  a  better  salary 
ought  to  be  paid. 

There  are  other  considerations.  Generally  the  expense  of  living  is 
greater  in  the  town  than  in  the  country;  the  probability  is  that  a 
larger  tax  is  paid  by  the  town  than  by  the  country. 

We  are  not  able  at  this  distance  to  determine  whether  twenty  dol- 
lars is  a  sufficient  compensation  for  the  teacher  of  subdistrict  number 
iour  of  South  Fork;  but  if  twenty  dollars  is  only  sufficient  compen- 
sation for  the  country  subdistricts,  it  is  our  belief  that  a  higher  com- 
pensation should  be  given  for  the  teacher  in  the  town. 

It  is  out  of  our  jurisdiction  to  give  advice  to  the  board  of  directors 
what  to  do  in  this  case,  after  determining  that  we  have  no  power  to 
reverse  their  action  ;  but  we  suggest  that  equity  would  be  served  if  they 
should  pay  the  five  dollars  per  month  assumed  by  Mr.  Anderson. 

After  giving  our  views  thus  in  full,  we  must  agree  with  the  county 
superintendent,  and  therefore  the  decision  of  the  county  superintend- 
ent is 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

June  29,  1878. 


JAMES  JACOBY  et  al.  v.  INDEPENDENT  DISTRICT  OF  NODAWAY. 
Appeal  from  Adams  County. 

SCHOOL-HOUSE  SITE.  A  school-house  site  fixed  by  county  or  state  super- 
intendent affirming  the  discretionary  act  of  the  board,  allows  the  board  to 
-exercise  their  discretion  again,  especially  if  material  changes  have  occurred, 

In  the  summer  of  1877,  the  board  of  directors  of  the  independent 
-district  of  Nodaway  located  a  school-house  site. 

They  selected  one  not  desired  by  a  large  majority  of  the  electors,  as 
expressed  at  an  informal  meeting  called  by  the  board.  An  appeal  was 
taken  to  the  county  superintendent,  who  reversed  the  action  of  the 
board,  and  in  turn  to  the  superintendent  of  public  instruction,  who 
reversed  the  decision  of  the  county  superintendent,  thereby  sustaining 


SCHOOL  LAW  DECISIONS. 


Chas.  8.  Davenport  et  al.  v.  District  Township  of  Brookfield. 


the  action  of  the  board  on  the  ground  that  abuse  of  the  discretion 
given  by  the  law  to  the  board,  as  charged,  was  not  proved. 

Since  the  decision  above  referred  to  was  rendered,  a  dwelling  has 
been  erected  within  twenty  rods  of  the  site  chosen. 

Also,  a  material  addition  has  been  made  to  the  district  on  its  east 
side  of  a  strip  of  land  three  miles  in  length  and  one-half  mile  in 
width.  At  a  meeting  of  the  board  of  directors  held  April  22,  1878, 
they  relocated  the  school-house  site,  choosing  the  old  site  in  place  of 
the  one  selected  by  them  last  year.  From  their  action  James  Jacoby 
and  others  appealed  to  the  county  superintendent,  who  affirmed  the 
order  of  the  board.  From  his  decision  D.  Shipley  and  Ed.  Kennedy 
appeal  to  the  superintendent  of  public  instruction. 

This  case  was  before  us  last  year  and  we  affirmed  the  action  of  the 
board  in  selecting  the  new  site,  sustaining  the  discretionary  act  of  the 
board.  Hence,  the  principle  that  a  site  selected  by  the  county  or  state 
superintendent  cannot  be  changed  unless  there  have  been  material 
changes  in  the  district,  does  not  apply.  There  have  been  changes  by 
the  addition  of  new  territory  and  a  dwelling  being  erected  within  less 
than  forty  rods  of  the  proposed  site.  The  choice  of  the  old  site  is  in 
conformity  with  the  wish  of  a  majority  of  the  electors,  and  does  not 
prove  any  abuse  of  discretion,  much  less  a  violation  of  law.  The 
action  of  the  board  is  therefore  sustained,  and  the  decision  of  the 
county  superintendent 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

August  26,  1878. 


CHAS.  S.  DAVENPORT  et  al.  v.  DISTRICT  TOWNSHIP  OF  BROOKFIELD. 
Appeal  from  Clinton  County. 

1.  SCHOOL-HOUSE  SITE.    School-house  sites  fixed  by  county  or  state  su- 
perintendent can  be  relocated  when  material  changes  have  occurred. 

2.  REMOVAL   OF  SCHOOL-HOUSES.    School-houses  cannot  be  moved  to 
accommodate  redistricting  until  after  the  change  of  subdistricts  takes  effect 
in  March. 

On  the  17th  day  of  September,  1878.  the  board  of  directors  of  the 
district  township  of  Brookfield  changed  the  boundaries  of  several  sub- 
districts,  among  them  those  of  subdistricts  number  one  and  five,  and 
in  connection  therewith  relocated  the  school-house  sites  in  said  sub- 
districts.  An  appeal  being  taken  to  the  county  superintendent,  the 
action  of  the  board  was  affirmed,  and  Chas.  S.  Davenport.  E.  B.  Beard 


SCHOOL  LAW  DECISIONS. 


L.  E.  Cormack  v.  District  Township  of  Lincoln. 


and  John  Coverdale  appeal  to  the  superintendent  of  public  instruc- 
tion. 

The  claim  that  the  school-house  .site  could  not  be  changed  after  it 
had  been  fixed  by  the  county  superintendent  on  appeal,  becomes  in- 
valid, as  the  evidence  shows  that  material  changes  had  taken  place 
since  the  county  superintendent  established  said  site. 

It  is  true  that  the  board  had  no  power  to  establish  school-house  sites 
in  September,  to  accommodate  the  newly  arranged  subdistricts,  if  such 
relocation  was  to  take  effect  immediately,  for  the  new  subdistrict  could 
not  go  into  effect  until  the  third  Monday  in  March.  Hence,  the 
school-houses  should  remain  in  the  same  position  they  were  before  any 
change  of  boundaries  had  been  ordered. 

The  evidence  does  not  show  that  such  was  the  intention  of  the 
board,  and  we  have  reason  to  believe  that  schools  are  carried  on  in  the 
school-houses  on  their  old  sites. 

While  the  testimony  is  somewhat  conflicting,  we  can  see  no  reason 
to  object  to  the  change  of  boundaries  and  the  removal  of  school- 
houses  to  central  locations,  and  there  being  no  proof  of  passion  or 
prejudice  on  the  part  of  the  board,  the  decision  of  the  county  super- 
intendent is  hereby 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

January  16,  1879. 


L.  E.  CORMACK  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Adams  County. 

1.  CONTRACTS.    An  appeal  will  not  lie  to  enforce  a  contract. 

2.  JANITORIAL  SERVICES.    If  a  teacher  serves  as  janitor  in  sweeping  the 
room  and  building  fires,  he  should  be  paid  from  the  contingent  fund  for  such 
services. 

Mr.  Vandyke,  a  subdirector  in  the  district  township  of  Lincoln, 
contracted  with  Mrs.  L.  E.  Cormack  as  teacher  for  the  winter  term  of 
school.  The  terms  of  the  contract  included  that  the  teacher  was  to 
receive  twenty-five  dollars  per  month  for  teaching  and  one  dollar  and 
twenty-five  cents  a  month  for  building  the  fires  and  sweeping  the 
school-house.  The  board  refused  to  audit  the  full  account,  which  would 
give  the  teacher  pay  for  janitor's  work,  claiming  that  said  subdirector 
exceeded  his  authority  in  so  contracting.  Mrs.  Cormack  appealed  to 
the  county  superintendent  who  reversed  the  action  of  the  board.  W. 

15 


114  SCHOOL  LAW  DECISIONS. 


N.  Carmichael  v.  District  Township  of  Monroe. 

C.  Potter,  president  of   the  board,  appeals  to  the  superintendent  of 
public  instruction. 

This  case  has  evidently  for  its  object  the  securing  of  money  on  con- 
tract and  as  section  1836  prevents  county  and  state  superintendents 
from  rendering  a  judgment  for  money,  it  has  been  the  common  custom 
to  refuse  to  entertain  any  appeal  in  which  a  contract  is  to  be  decided 
by  such  appeal;  for  this  reason  the  county  superintendent  should  have 
dismissed  the  case  for  want  of  jurisdiction. 

It  may  not  be  out  of  place  here  to  state,  that  unless  a  contract  with 
the  teacher  provides  that  building  fires  and  sweeping  the  house  is  in- 
cluded, the  board  cannot  require  such  service  of  the  teacher.  The  pay- 
ment for  such  services  should  come  from  the  contingent  fund  and 
should  be  specifically  mentioned.  The  teachers1  fund  is  not  to  be  used 
for  paying  for  janitorial  services. 

Without  deciding  any  question  at  issue,  we  are  of  the  opinion  that 
the  subdirector  did  not  exceed  his  authority  given  him  by  section  1753 
when  he  agreed  to  pay  a  reasonable  sum  for  janitorial  services  beside 
the  twenty-five  dollars  paid  under  instruction  from  the  board  for 
teacher's  services.  But  since  we  do  not  consider  the  case  within  our 
jurisdiction  the  decision  of  the  county  superintendent  is  reversed  and 
the  case  dismissed. 

REVERSED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

March  1,  1879. 

NOTE.— We  have  since  learned  that  the  teacher  recovered  in  a  salt  in  the  courts  at  law. 


N.  CARMICHAEL  v.  DISTRICT  TOWNSHIP  OF  MONROE. 
Appeal  from  Shelby  County. 

1.  REDISTRICTING.    It  requires  a  majority  of  the  board  elected  to  redis- 
trict.    An  action  taken  to  redistrict  without  such  majority  voting  for  it  is 
null  and  void. 

2.  JURISDICTION  OF  COUNTY  SUPERINTENDENT.    When  there  is  no  legal 
act  of  the  board  the  county  superintendent  should  not  attempt  to  act  on  ap- 
peal ;  but  simply  declare  the  act  of  the  board  void. 

At  a  special  meeting  of  the  board  of  directors  of  the  district  town- 
ship of  Monroe,  held  November  16,  1878,  the  board  attempted  to  re- 
district  the  township.  It  is  shown  in  evidence  that  the  board  consisted 
of  ten  subdirectors,  and  that  the  action  was  taken  by  a  vote  of  five 
members. 

N.  Carmichael  appealed  to  the  county  superintendent,  who  declared 


SCHOOL  LAW  DECISIONS.  H5 


Joseph  Heaton  v.  I.  W.  Gard. 


the  action  of  the  board  null  and  void,  and  proceeded  to  redistrict  on 
his  own  motion.  From  his  decision  B.  Pieffer  appeals  to  the  superin- 
tendent of  public  instruction. 

In  this  case  the  board  tried  to  change  boundaries  by  a  vote  of  less 
than  a  majority  of  said  board,  as  required  by  section  1T38;  and, 
therefore,  the  action  of  said  board  was  void,  as  correctly  stated  by  the 
county  superintendent. 

At  this  point  in  his  decision,  having  declared  the  action  of  the  board 
null  and  void,  the  county  superintendent  should  have  dismissed  the 
case.  There  being  no  legal  action  with  reference  to  a  change  of 
boundaries,  the  county  superintendent  could  not  undertake  to  do  what 
the  board  had  failed  to  do.  The  principle  laid  down  in  former  decisions 
by  this  department,  that  the  county  superintendent  had  power  to  do 
on  appeal  what  the  board  originally  had  power  to  do,  does  not  apply  to 
this  case,  since  by  the  ruling  of  the  county  superintendent  himself,  no 
legal  action  was  had  by  the  board. 

For  this  reason,  the  redistricting  made  by  the  county  superintendent 
is  also  null  and  void,  and  the  whole  matter  is  referred  to  the  new  board 
for  their  action  at  the  September  meeting.  The  decision  of  the  county 
superintendent  as  regards  redistricting,  is  hereby 

REVERSED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

March  21,  1879. 


JOSEPH  HEATON  v.  I.  W.  GARD. 
Appeal  from  Ring  gold  County. 

EVIDENCE.  In  the  trial  for  revocation  of  certificate  testimony  may  be 
introduced  to  establish  the  general  character  and  disposition  of  the  teacher. 

Joseph  Heaton  prefers  charges  before  the  county  superintendent  of 
Ringgold  county  against  T.  W.  Gard,  a  teacher  employed  in  one  of  the 
schools  of  said  county.  The  object  of  said  charges  was  the  revocation 
of  a  certificate  granted  by  said  county  superintendent  to  said  Gard. 

W.  J.  Work,  county  superintendent  of  said  county,  after  due  exam- 
ination and  trial  revoked  the  certificate,  and  I.  W.  Gard  brings  an  ap- 
peal to  the  superintendent  of  public  instruction. 

The  evidence  shows  that  under  provocation  Gard  struck  the  son  of 
Mr.  Heaton,  the  plaintiff,  with  a  large  hickory  rod,  in  such  a  manner 
as  to  lame  him.  There  is  also  introduced  in  evidence  the  record  of 
dismission  of  said  Gard  from  a  school  in  Union  county  for  unbecoming 
conduct,  showing  a  tendency  to  great  violence  and  the  attempted  use 
of  dangerous  weapons. 


SCHOOL  LAW  DECISIONS. 


District  No.  2,  Harlan  Township,  v.  District  No.  1,  Harlan  Township. 

This  evidence  was  objected  to,  but  the  objection  was  overruled.  We 
think  the  county  superintendent  properly  admitted  the  evidence,  since 
the  law  says  (section  1771)  that  a  county  superintendent  may  revoke  a 
certificate  for  the  same  reasons  for  which  he  would  have  withheld  the 
same. 

If  the  county  superintendent  had  been  in  possession  of  said  records 
when  the  examination  of  Mr.  Grard  took  place  he  properly  might  have 
withheld  the  certificate,  because  he  might  have  feared  that  Mr.  Gard 
was  not  a  proper  person  to  administer  discipline.  That  the  manner  of 
administering  discipline  in  the  case  under  consideration  was  unwar- 
ranted is  clearly  shown,  unless  we  admit  the  unproven  statement  that 
the  scholar  attempted  to  use  a  knife. 

We  cannot  discover  any  unfairness,  much  less  a  showing  of  malice  or 
prejudice,  on  the  part  of  the  county  superintendent  in  giving  his  de- 
cision, and  therefore  his  decision  is  hereby 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

April  22,  1879. 


DISTRICT  No.  2,  HARLAN  TOWNSHIP,  v.  DISTRICT  No.  1,  HARLAN 

TOWNSHIP. 

Appeal  from  Page  County. 

1.  AFFIDAVIT.    The  lack  of  an  affidavit  is  sufficient  ground  to  refuse  a 
hearing. 

2.  ARBITRATION.    If  the  county  superintendent  is  asked  to  arbitrate  no 
appeal  will  lie. 

3.  TUITION.    Collection  of  tuition  under  section  1793  cannot  be  done  by 
appeal  to  the  county  superintendent,  but  must  be  settled  through  the  courts. 

We  fail  to  find  in  this  case  the  affidavit  of  appeal  from  an  action  of 
the  board  of  directors  of  number  one.  This  of  itself  is  such  an  irreg- 
ularity as  to  invalidate  the  whole  proceeding.  From  the  secretary  s 
transcript  and  the  evidence  we  learn  that  district  number  two  pre- 
sented a  bill  of  tuition  to  district  number  one,  and  that  the  latter 
refused  to  pay  the  same,  whereupon  the  two  boards  agreed  to  an  arbi- 
tration by  the  county  superintendent.  If  this  is  the  transaction  we 
have  no  right  to  meddle  with  such  arbitration,  and  it  should  be  ad- 
hered to  by  both  parties.  If  the  case  had  been  regularly  before  the 
county  superintendent  on  appeal  based  upon  proper  affidavit  our  opin- 
ion is  that  the  county  superintendent  should  have  dismissed  the  case, 
as  it  was  indirectly  a  judgment  for  money,  which  neither  county  nor 


SCHOOL  LAW  DECISIONS. 


T.  F.  Rankin  v.  District  Township  of  Lodomillo. 


state  superintendent  can  decide.  (Section  1836,  Code  of  1873.)  The 
manner  of  deciding  such  cases  is  indicated  in  section  1793.  The 
account,  if  refused,  should  have  been  presented  to  the  county  auditor, 
and  by  him  be  paid  from  the  next  semi-annual  apportionment.  The 
other  board  has  a  remedy  by  injunction  upon  the  auditor. 

We  would  add  here  that  we  have  held  that  such  a  notice  by  a  secre- 
tary holds  good  only  for  the  term,  or  for  such  longer  time  as  the  board 
may  agree  upon. 

At  present,  with  the  amendment  made  by  the  seventeenth  general 
assembly,  chapter  41,  no  such  account  can  be  made  except  by  consent 
of  the  county  superintendent,  in  which  case  no  appeal  will  lie. 

With  these  explanations  we  feel  obliged  to  dismiss  the  case  as  not 
within  our  jurisdiction. 

DISMISSED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

April  24,  1879. 


W.  F.  RANKIN  v.  DISTRICT  TOWNSHIP  OF  LODOMILLO. 
Appeal  from  Clayton  County. 

1.  RECORDS.    The  record  of  the  secretary  should  be  considered  as  evi- 
dence, and  not  be  invalidated  by  parol  evidence  unless  there  is  proof  of 
fraud  or  falsehood. 

2.  TERRITORY:  Transfer  of.     Where  territory  is  to  be  transferred  by 
concurrent  action  of  two  boards  to  the  district  to  which  it  geographically 
belonged,  a  majority  of  the  members  elect  is  not  necessary,  as  required  for 
the  change  of  subdistrict  boundaries. 

This  appeal  relates  to  the  transfer  of  territory  in  the  civil  township 
of  Cass,  which  has  belonged  to  the  district  township  of  Lodomillo  since 
1856,  to  the  township  to  which  it  geographically  belongs. 

The  board  of  the  district  township  of  Cass  appointed  a  committee. to 
meet  a  committee  chosen  by  the  Lodomillo  board,  to  agree  upon  terms 
of  transfer.  The  district  township  of  Lodomillo  also  appointed  a  com- 
mittee. The  joint  committee  agreed  upon  a  report,  which  the  board 
of  Cass  adopted  September  16,  1878.  On  the  12th  day  of  October, 
1878,  the  Lodomillo  board,  by  a  vote  of  four  of  the  six  members  pres- 
ent of  a  board  of  ten,  also  adopted  the  report  and  accepted  the  propo- 
sition agreed  to  by  the  board  of  Cass. 

From  the  action  of  the  Lodomillo  board  Wm.  F.  Rankin  appealed 
to  the  county  superintendent,  who  dismissed  the  case  for  want  of 
jurisdiction,  and  stated  that  the  action  of  the  board  was  plainly  in 


118  SCHOOL  LAW  DECISIONS. 


Henry  Hilton  and  Edwin  Hosier  v.  District  Township  of  Coffin's  Grove. 

violation  of  law,  since  the  law  (section  1738)  requires  a  majority  of  the 
board  to  change  the  boundaries  of  subdistricts.  From  this  decision  W. 
F.  Rankin  appeals  to  the  superintendent  of  public  instruction. 

The  secretary's  transcript  of  the  transactions  of  the  meeting  of  the 
board  of  Lodomillo,  held  October  12,  1878,  does  not  show  any  irregu- 
larity in  the  transaction;  does  not  show  the  number  of  members  pres- 
ent, nor  the  number  of  votes  cast  by  which  the  motion  was  carried. 

According  to  a  well  established  principle  of  law  the  records  of  any 
public  or  private  corporation  must  be  considered  as  regular,  and  can- 
not be  set  aside  by  parol  evidence  except  under  an  allegation  of  fraud. 
See  E.  Sipple  v.  District  Township  of  Lester.  Based  upon  the  evi- 
dence of  the  transcript  the  whole  transaction  was  carried  on  in  con- 
formity with  law,  and  we  can  see  no  reason  to  interfere  with  the  action 
of  the  board. 

If  we  admitted  the  testimony  of  Mr.  M.  E.  Axtel,  showing  that  only 
six  members  of  a  board  of  ten  were  present,  and  that  four  of  these  six 
voted  for  the  transfer,  we  would  still  hold  that  said  transfer  was 
legally  made. 

The  action  of  the  board  was  not  a  change  of  boundaries  of  subdis- 
tricts, but  a  transfer  under  section  1798.  The  territory  transferred, 
being  part  of  districts  organized  before  the  law  of  1858  took  effect, 
could  be  transferred  by  concurrent  action  of  the  board  to  the  district- 
to  which  it  geographically  belongs,  and  the  limitation  of  section  1738, 
requiring  a  majority  of  the  board  to  change  subdistrict  boundaries,  is 
not  applicable  to  this  case. 

The  appeal  is  brought  from  the  action  of  the  board  which  concurred, 
and  therefore  is  taken  in  a  proper  manner.  For  the  reasons  set  forth 
the  action  of  the  board  is  sustained  and  the  decision  of  the  county 
superintendent  is  REVERSED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

May  28,  1879. 


HENRY  HILTON  AND  EDWIN  MOSIER  v.  DISTRICT  TOWNSHIP  OF  COP- 
FIN'S  GROVE. 

Appeal  from  Delaware  County. 

1.  NEW  ISSUE.    An  amendment  to  the  appeal,  if  involving  a  new  issue, 
should  be  refused. 

2.  APPEAL  :  Time  of.    When  thirty  days  have  expired  after  the  action  of 
the  board  was  taken  an  appeal  will  not  lie. 

On  the  6th  day  of  October,  1879,  the  board  of  directors  of  the  dis- 
trict township  of  Coffin's  Grrove  redistricted  the  township  and  ordered 


SCHOOL  LAW  DECISIONS. 


L.  B.  Coiburn  et  al.  v.  District  Township  of  Silver  L&ke. 


the  removal  of  the  school-house  to  subdistrict  number  four.  From 
the  action  of  the  board  ordering  the  removal  of  the  school-house  H. 
Hilton  and  E.  Hosier  appealed  to  the  county  superintendent.  At  the 
time  of  trial  the  appellants  desired  to  amend  their  affidavit  by  in- 
cluding the  action  of  the  board  redistncting  the  township.  The 
county  superintendent  refused  to  allow  the  amendment  on  the  ground 
that  it  was  sought  to  introduce  a  new  issue,  and  impliedly  affirmed 
the  order  of  the  board,  except  as  to  the  time  of  moving  the  school- 
house.  The  same  parties  now  appeal  to  the  superintendent  of  public 
instruction. 

The  appeal  to  this  department  is  for  the  purpose  of  deciding 
whether  an  amendment  to  the  affidavit  offered  should  be  granted  or 
refused. 

The  grievance  complained  of  by  the  appellants  was  the  moving  of 
•a,  school-house.  The  proposed  amendment  recited  a  grievance  caused 
by  the  redistricting  made  by  the  board.  The  two  are  not  joined  in  such 
.a  way  as  to  allow  us  to  consider  one  as  an  amendment  of  the  other. 
The  real  grievance,  if  it  was  such,  of  the  parties,  was  the  redistricting, 
while  the  removal  of  the  school-house  was  the  necessary  consequence 
of  such  redistricting. 

Since  the  thirty  days  had  expired  within  which  an  appeal  from  the 
action  of  the  board  in  redistricting  could  be  taken,  the  county  super- 
intendent properly  refused  to  accept  a  new  issue  in  the  form  of  an 
.amendment. 

We  think,  under  these  circumstances,  he  should  have  affirmed  the 
action  of  the  board,  with  a  proviso  that  the  school-house  could  not  be 
removed  until  after  the  reorganization  of  the  subdistrict  in  March. 
This  is  evidently  the  intention  of  the  decision,  and  we  shall  affirm  it, 
with  the  modification  as  above  indicated. 

MODIFIED  AND  AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

January  22,  1880. 


L.  B.  CGLBCTRN  et  al.  v.  DISTRICT  TOWNSHIP  OF  SILVER  LAKE. 
Appeal  from  Palo  Alto  County. 

1.  EVIDENCE.    To  establish  malice  or  prejudice  on  the  part  of  the  board 
positive  evidence  must  be  introduced. 

2.  COUNTY  SUPERINTENDENTS.    A  county  superintendent  should  not  ask 
the  state  superintendent  to  decide  a  case  on  appeal  for  him,  but  may  ask  for 
an  interpretation  of  law,  either  by  the  state  superintendent  or  through  him, 
•by  the  attorney-generaL 


120  SCHOOL  LAW  DECISIONS. 


L.  B.  Colburn  et  al.  v.  District  Township  of  Silver  Lake. 


On  the  25th  day  of  August,  1879,  the  board  of  directors  of  the  dis- 
trict township  of  Silver  Lake  fixed  the  location  of  a  school-house  on 
the  old  site. 

From  this  order  of  the  board,  L.  B.  Colburn  and  others  appealed  to 
the  county  superintendent,  who  affirmed  the  action  of  the  board,  and 
from  this  decision  the  same  parties  appeal  to  the  superintendent  of 
public  instruction. 

Among  the  errors  enumerated,  the  appellants  urge  that  the  county 
superintendent  erred  in  holding  that  the  board  was  not  actuated  by 
passion  or  prejudice. 

We  fail  to  find  any  evidence  establishing  the  existence  of  such  malice 
or  prejudice  on  the  part  of  the  board.  Appellants  also  claim  that  the 
county  superintendent  erred  in  basing  his  decision  on  the  verbal  opin- 
ion of  the  state  superintendent,  given  prior  to  the  hearing  of  the  case. 

This  gives  us  an  opportunity  of  censuring  a  practice  quite  common 
among  county  superintendents  to  ask  the  superintendent  of  public  in- 
struction for  his  opinion  in  an  appeal  which  is  pending.  I  have  made 
it  a  universal  practice  to  refuse  answers  upon  the  questions  involved 
in  the  particular  case,  and  have  given  only  the  general  principles 
which  should  govern  county  superintendents  in  determining  cases  of 
appeal.  These  general  principles  are  so  well  established  that  an  intel- 
ligent county  superintendent  ought  to  be  familiar  with  them. 

I  believe  that  I  advised  the  county  superintendent  in  this  case  not  to 
measure  the  respective  distances  of  the  different  locations  from  the 
geographical  center,  before  the  trial  of  the  appeal. 

It  is  proper  for  a  county  superintendent  to  ascertain  the  interpreta- 
tion of  points  of  law,  by  securing  an  opinion  from  this  department,  or 
from  the  attorney-general,  through  this  department. 

Without  fully  determining  the  merits  of  the  respective  locations,  we 
must  hold  that  the  board  did  not  abuse  their  discretion  sufficiently  to 
warrant  interference.  The  appellants  failing  to  prove  malice  or  preju- 
dice on  the  part  of  the  board,  their  order  should  stand,  and  the  decision 
of  the  county  superintendent  affirming  their  action  is 

AFFIRMED. 

C.  W.  VON  COELLN, 
Superintendent  of  Public  Instruction. 

March  30,  1880. 


INDEX  TO  APPEAL  OASES. 


ADDITIONAL  SCHOOL— 

An  additional  school  should  be  granted  for  fifteen  or  more  schol- 
ars, who  are  too  far  from  any  school  in  their  district  to  enjoy 
reasonable  school  facilities 101 

AFFIDAVIT— 

The  affidavit  may  be  amended  when  such  action  is  not  prejudicial 
to  the  rights  of  any  party  interested 41 

An  affidavit  is  a  statement  in  writing,  signed  and  made  upon  oath 
before  an  authorized  magistrate 43 

May  be  amended  in  the  discretion  of  the  county  superintendent . .    59 

The  lack  of  an  affidavit  is  sufficient  ground  to  refuse  a  hearing. . .  116 

APPEAL— 

An  appeal  may  be  taken  at  any  time  within  thirty  days  from  the 
rendition  of  the  order  complained  of 18 

An  appeal  will  not  lie  from  an  order  of  a  board  of  directors  initia- 
ting a  change  in  the  boundaries  of  the  district  township,  where 
the  concurrence  of  the  board  of  an  adjoining  district  township 
is  necessary  to  effect  the  change  30 

The  right  of  appeal  is  not  limited  to  cases  of  personal  grievance.    39 

Where  changes  are  effected  in  district  boundaries  by  the  concur- 
rent action  of  two  boards,  appeal  may  be  taken  from  the  order 
of  the  board  concurring  or  refusing  to  concur,  but  not  from  the 
order  of  the  board  taking  action  first - 57 

Appeal  may  be  taken  from  an  action  of  the  board  which  author- 
izes the  making  of  a  contract,  but  not  from  a  subsequent  action 
or  order  complying  with  the  terms  of  a  contract  previously 
made ;  nor  from  an  action  authorizing  the  issuance  of  an  order 
in  payment  of  a  debt  contracted  by  previous  action  of  the  board  65 

A  case  whose  sole  purpose  is  to  determine  the  validity  of  an  order 
on  the  district  treasury,  or  the  equity  of  a  claim,  cannot  be  enter- 
tained on  appeal  to  the  county  superintendent ;  the  courts  of  law 

alone  can  furnish  an  adequate  remedy 65 

16 


122  INDEX 

PAGE 

APPEAL— CONTINUED. 

Appeal  will  not  be  entertained  from  the  action  of  the  board  in  re- 
scinding a  previous  illegal  action 66 

Appeal  will  not  lie  from  the  neglect  of  the  board  to  act  on  a 
petition 71 

The  execution  by  the  board  of  the  vote  of  the  electors  upon  mat- 
ters within  their  control,  is  mandatory ;  from  such  action  of  the 
board  no  appeal  can  be  taken.  If  such  action  is  tainted  with 
fraud,  an  application  to  a  court  of  law  is  the  proper  remedy ...  77 

The  right  of  appeal  is  confined  to  persons  injuriously  affected  by 
the  decision  or  order  complained  of.  Ordinarily  a  person  living 
in  one  subdistrict  cannot  properly  appeal  from  an  action  of  the 
board  locating  a  site  in  another 78 

The  adoption  of  the  committee's  report  in  favor  of  retaining  the 
-  old  school-house  site,  is  an  action  from  which  appeal  may  be 
taken •  • 80 

Appeal  may  be  taken  from  the  action  of  the  board  in  laying  the 

subject-matter  of  a  petition  on  the  table 83 

When  an  adequate  remedy.  From  the  exercise  of  ordinary  discre- 
tion in  the  performance  of  an  official  duty,  enjoined  by  law 
upon  the  board,  appeal  may  be  taken  to  the  county  superintend- 
ent ;  but  from  a  refusal  to  act,  or  from  an  action  thereon  clearly 
designed  to  defeat  the  purpose  of  the  law,  an  application  to  the 
courts  of  law  to  compel  the  performance  of  the  enjoined  duty 
will  afford  the  most  speedy,  and  in  some  cases  the  only,  adequate 

remedy 86 

Time  of.  When  thirty  days  have  expired  after  the  action  of  the 
board  was  taken  an  appeal  will  not  lie 118 

ARBITRATION— 

If  the  county  superintendent  is  asked  to  arbitrate  no  appeal  will 
lie....... 116 

BOARD  OF  DIRECTORS- 

The  board  should  be  sustained  in  all  legitimate  and  reasonable 
measures,  to  maintain  order  and  discipline,  to  uphold  the  right- 
ful authority  of  the  teacher,  and  to  prevent  or  suppress  insubor- 
dination in  the  school : 68 

The  board,  though  not  bound  by  a  vote  of  the  electors  directing 
the  precise  location  of  a  school-house  site,  are  required  to  so  lo- 
cate it  as  to  accommodate  the  people  for  whom  designed 77 

If,  in  the  selection  of  a  site,  the  board  violate  law  or  abuse  their 
discretionary  power,  their  action  may  be  reversed  on  appeal 77 

The  action  of  the  board  cannot  be  reversed  upon  the  allegations 
of  appellant  without  proof,  or  by  reason  of  failure  of  the  board 
to  make  defense 80 


TO  SCHOOL  LAW  DECISIONS.  23 

PAGE 

BOAED  OF  DIRECTORS— CONTINUED. 

The  acts  of  the  board  are  presumed  to  be  regular,  legal,  and  just, 
and  should  be  affirmed  on  appeal,  unless  proof  is  brought  to 

show  the  contrary 80 

Discretionary  acts  of.  The  weight  which  properly  attaches  to  the 
discretionary  actions  of  a  tribunal  vested  with  original  jurisdic- 
tion, does  not  apply  to  the  decisions  of  an  inferior  appellate  tri- 
bunal  

The  board  should  be  sustained  when  there  is  a  reasonable  degree 
of  doubt  as  to  the  propriety  of  interfering  with  their  action 81 

The  acts  of  the  board  are  presumed  to  be  regular,  legal  and  just; 
and  should  be  affirmed  on  appeal  unless  proof  is  brought  to 
show  the  contrary 87 

In  the  absence  of  evidence  of  violation  of  law,  or  abuse  of  discre- 
tion the  board  should  be  sustained 88 

CLAIMS— 

Just  claims  against  the  district  can  be  enforced  only  in  the  courts 
of  law ...  60 

CONDITIONAL  RULING— 

A  county  superintendent  may  make  a  conditional  ruling,  by  which 
his  own  decision  is  governed 98 

CONTESTED  ELECTION— 

Jurisdiction.  The  proper  method  of  determining  a  contested  elec- 
tion for  school  director  is  by  an  action  brought  in  the  district 
court 51 

CONTRACTS— 

Contracts  for  the  erection  of  school-houses,  made  by  a  subdirector 
or  committee,  require  the  approval  of  the  board. 60 

The  terms  of  a  contract  may  be  changed  by  agreement  of  the  con- 
tracting parties.  If  either  party  seeks  to  evade  or  change  its 
terms,  without  the  consent  and  to  the  prejudice  of  the  other,  the 

remedy  is  a  suit  at  law 62 

The  district  township  is  bound  by  the  contract  of  the  subdi- 
rector when  made  according  to  instructions  of  the  board 64 

If  a  subdirector  enter  into  a  contract  on  behalf  of  the  district, 
without  authority  of  the  board,  he  does  so  at  his  own  risk ;  such 
contract  is  not  binding  upon  the  district  unless  approved  by  the 
board :-...  64 

Questions  involving  contracts  should  not  be  brought  before  a 
county  superintendent,  unless  it  is  to  determine  whether  a  pro- 
vision of  school  law  has  been  violated  in  making  such  contract. .  97 


124  INDEX 

CONT  RACTS— CONTINUED. 

Approval  of.  The  president  of  the  board,  or  when  he  is  the  sub- 
director  making  the  contract,  the  board  of  directors,  must  ap- 
prove the  contract,  unless  the  instructions  of  the  board  have 
been  disregarded 97 

An  appeal  to  enforce  a  contract  cannot  lie.  To  prevent  the 
board  from  enforcing  a  contract  in  violation  of  law,  an  injunc- 
tion by  a  court  is  the  proper  remedy 106 

An  appeal  will  not  lie  to  enforce  a  contract 113 

COUNTY  SUPERINTENDENT- 

May  upon  appeal  create  subdistrict 41 

Has  no  jurisdiction  of  an  appeal  until  an  affidavit  is  filed 43 

Should  not  reverse  an  action  of  the  board  of  directors  which  is  in 
accordance  with  instructions  of  the  superintendent  of  public 
instruction 45 

At  the  hearing  of  an  appeal  before  the  county  superintendent,  it  is 
competent  for  him,  upon  his  own  motion,  to  call  additional  wit- 
nesses to  give  testimony 47 

The  county  superintendent  may  reconsider  and  modify  a  decision 

on  proof  that  it  does  not  conform  to  law 82 

Jurisdiction  of.  The  county  superintendent  is  not  limited  to  a 
reversal  or  affirmance  of  the  action  of  the  board,  but  he  deter- 
mines the  same  questions  which  they  had  determined 98 

Jurisdiction  of.  When  there  is  no  legal  act  of  the  board  the  county 
superintendent  should  not  attempt  to  act  on  appeal ;  but  simply 
declare  the  act  of  the  board  void 114 

A  county  superintendent  should  not  ask  the  state  superintendent 
to  decide  a  case  on  appeal  for  him,  but  may  ask  for  an  interpre- 
tation of  law,  either  by  the  state  superintendent  or  through 
him,  by  the  attorney-general 118 

DISCRETIONARY  ACTS— 

The  county  superintendent  having  only  appellate  jurisdiction, 
should  not  reverse  discretionary  acts  of  the  board,  without  ex- 
plicit and  clearly  stated  proof  of  the  abuse  of  such  discretion, 
even  though  not  fully  approving  their  action 39 

Discretionary  acts  may  be  reversed  on  appeal,  but  should  not  be 
disturbed  except  upon  evidence  of  unjust  exercise  or  abuse 43 

Since  the  board  of  directors  have  original  jurisdiction,  their 
discretionary  acts  should  not  be  interfered  with  by  an  appellate 
tribunal,  although  not  agreeing  with  their  judgment,  unless 
they  violated  law,  showed  prejudice  or  malice,  or  abused  their 

discretion  in  such  a  manner  as  to  require  interference 100 

DISTRICT  TOWNSHIP— 

Should  not  ordinarily  contain  more  than  nine  subdistricts 46 


TO  SCHOOL  LAW  DECISIONS.  125 

PAGE 

ELECTION— 

Evidence  of.  The  certificate  of  the  officers  of  the  annual  subdistrict 
meeting  is  the  legal  evidence  of  election  as  subdirector,  and  as  a 
general  rule  the  board  are  justified  in  declining  to  recognize  a 
person  as  a  member  of  the  board  until  he  produces  such  certifi- 
cate   51 

EVIDENCE— 

Parol.  Cannot  be  received  in  the  absence  of  allegations  of  fraud, 
to  contradict  or  impeach  the  validity  of  school  district  records . .  47 

Where  the  law  requires  the  evidence  of  a  transaction  to  be  in 
writing,  oral  evidence  can  be  substituted  for  it  only,  when  the 
writing  cannot  be  produced 51 

Sufficient  latitude  should  be  allowed  in  the  introduction  of  testi- 
mony to  permit  a  full  presentation  of  the  issues  involved,  even 
if  irrelevant  testimony  is  occasionally  admitted 83 

A  case  of  grievance  should  be  plainly  established  by  evidence,  or 
the  reason  for  lack  of  evidence  explained 88 

In  the  trial  for  revocation  of  certificate  testimony  may  be  intro- 
duced to  establish  the  general  character  and  disposition  of  the 
teacher 115 

To  establish  malice  or  prejudice  on  the  part  of  the  board,  positive 
evidence  must  be  introduced 119 

EXPLANATORY  NOTES- 

Force  of.  Notes  to  the  school  law,  while  proper  aids  to  the  school 
officers,  have  not  the  binding  force  of  law,  and  a  non-compliance 
with  them  is  not  necessarily  a  violation  of  law 37 

GOVERNMENT— 

The  inability  to  govern  is  sufficient  reason  for  withholding  a  cer- 
tificate and  for  the  revocation  of  the  same 107 

HIGHWAY- 

Since  the  law  requires  a  school-house  to  be  located  on  a  public 
highway,  such  public  highway  must  be  fully  established  by  law 
before  the  location  can  be  made 96 

INDEPENDENT  DISTRICT— 

Formation  of.  The  opportunity  to  vote  upon  the  question  of  form- 
ing independent  districts  from  the  subdistricts  of  a  district  town- 
ship ceased  July  4, 1876,  by  the  taking  effect  of  chapter  155,  laws 
of  1876 86 

Establishment  of.  City  and  town  independent  districts  may  be 
formed  from  different  townships  and  counties 102 

JANITORIAL  SERVICES— 

If  a  teacher  serves  as  janitor  in  sweeping  the  room  and  building 
fires,  he  should  be  paid  from  the  contingent  fund  for  such  ser- 
vices ..  us 


126  INDEX 

PAGE 

JURISDICTION— 

The  superintendent's  jurisdiction  on  appeal  is  not  greater  than 
that  of  the  board  from  whose  action  the  appeal  is  taken 30 

An  application  for  an  appeal  filed  within  thirty  days  from  the  act 
of  the  board  complained  of,  will  not  give  the  county  superin- 
tendent jurisdiction  of  the  case.  The  appeal  must  be  taken  by 
affidavit 53 

The  county  superintendent  has  not  jurisdiction  of  cases  involving 
a  money  demand 55 

In  cases  involving  the  validity  of  district  organization  no  appeal 
will  lie.  The  remedy  is  a  writ  in  the  nature  of  quo  warranto ...  89 

LANGUAGE  OF  STATUTE— 

Construction  of.  In  construing  the  language  of  a  statute,  the  his- 
tory of  the  legislation  affecting  such  statute  will  always  be  con- 
sidered  102 

LIABILITY  OF  DISTRICT  BOARD— 

Where  a  board  of  directors  refuse  to  draw  an  order  on  the  treas- 
urer for  the  amount  of  a  judgment  obtained  against  the  district, 
and  therefore  a  judgment  is  obtained  against  the  individuals 
composing  the  board,  the  claim  against  the  district  has  expired, 

and  the  board  has  then  no  power  to  draw  such  order 19 

The  board  of  directors  have  no  power  to  levy  a  tax  for  the  benefit 
of  the  school-house  fund,  unless  authorized  to  do  so  by  a  vote  of 
the  electors 19 

MOTION— 

When  a  motion  to  dismiss  is  overruled,  the  superintendent  should 
proceed  to  try  the  case  upon  its  merits 18 

NEW  EVIDENCE- 

New  evidence  can  be  introduced  only  when  the  facts  materially 

affecting  the  case  could  not  have  been  known  before  the  trial. . .    90 
NEW  ISSUE— 

An  amendment  to  the  appeal,  if  involving  a  new  issue,  should  be 
refused 118 

NEW  TRIAL— 

A  new  trial  for  the  revocation  of  a  certificate  must  be  proceeded 
with  as  if  no  trial  had  been  held 92 

NOTICE— 

The  county  superintendent  should  not  issue  notice  of  final  hearing 
until  both  the  affidavit  and  transcript  of  the  district  secretary 
have  been  filed  in  his  office 43 

The  want  of  notice  is  waived  by  the  voluntary  appearance  of  the 
party  for  any  purpose  connected  with  the  cause. 54 


TO  SCHOOL  LAW  DECISIONS.  127 

PAGE 

PROCEEDINGS— 

Regularity  of,  presumed.  When  the  district  township  records  show 
that  for  a  number  of  consecutive  years  the  children  of  certain 
congressional  divisions  of  land  have  been  enumerated,  and  have 
attended  school  in  a  certain  district  township,  and  no  objections 
have  been  raised,  it  will  be  presumed  that  the  territory  is  regu- 
larly attached  to,  and  forms  a  part  of,  said  district  township 23 

In  the  absence  of  proof  to  the  contrary,  the  legal  presumption  is 
that  the  proceedings  before  the  county  superintendent  were  en- 
tirely regular 37 

PUNISHMENT— 

The  punishment  of  a  pupil  with  undue  severity,  or  with  an  im- 
proper instrument  is  unwarrantable,  and  may  serve,  in  some 

degree,  to  indicate  the  animus  of  the  teacher 67 

Right  to  inflict  upon  pupils.  The  right  of  the  parent  to  restrain 
and  coerce  obedience  in  children  applies  equally  to  the  teacher, 

or  to  any  one  who  acts  in  loco  parentis 68 

The  use  of  the  rod  is  allowable  as  a  last  resort 107 

QUO  WARRANTO- 

The  only  proper  means  of  affirming  the  right  to  exercise  the  privi- 
lege of  an  office,  or  to  contest  the  illegal  exercise  of  the  same, 
is  set  forth  in  sections  3345-3352,  Code  of  1873 95 

RECORDS— 

Defective.    May  be  amended 28 

The  board  of  directors  may  at  any  time  amend  the  record  of  the 
district,  when  necessary  to  correct  mistakes  or  supply  omissions ; 
and  may,  upon  proper  showing,  be  compelled,  by  mandamus,  to 
make  such  corrections 47 

The  record  of  the  secretary  must  be  considered  as  evidence,  unless 
there  is  proof  of  fraud  or  falsehood 109 

The  record  of  the  secretary  should  be  considered  as  evidence,  and 
not  be  invalidated  by  parol  evidence  unless  there  is  proof  of 
fraud  or  falsehood 117 

REDISTRICTING— 

It  requires  a  majority  of  the  board  elected  to  redistrict.  An  action 
taken  to  redistrict  without  such  majority  voting  for  it  is  null 

and  void 114 

REHEARING— 

The  county  superintendent  may,  for  sufficient  cause,  grant  a  re- 
hearing    73 

REMANDING  OF  CASES— 

When  the  evidence  discloses  that  the  action  of  the  board  was  an 
unwise  one,  and  the  facts  are  not  sufficiently  shown  to  deter- 
mine what  should  be  done,  the  case  should  be  remanded 90 


128  INDEX 

PAGE 

REVOCATION  OF  TEACHER'S  CERTIFICATE— 

The  order  of  a  county  superintendent  revoking  a  certificate  will 
not  be  interfered  with  on  appeal,  unless  it  appears  that  he  acted 
from  passion  or  prejudice 34 

Opinions  unsupported  by  facts  cannot  be  received  as  satisfactory 
evidence  of  prejudice 34 

A  teacher's  certificate  can  be  legally  revoked  only  upon  proof  of 
charges  of  which  he  has  had  personal  notice,  and  against  which 
he  has  had  the  opportunity  to  make  his  defense 63 

A  person  addicted  to  the  use  of  intoxicating  liquors  who  even 
occasionally  becomes  intoxicated  is  not  likely  to  promote  correct 
moral  teaching  in  the  public  schools  by  his  example,  nor  to  pos- 
sess such  moral  character  as  to  entitle  him  to  a  teacher's  cer- 
tificate    63 

Effect  of.  Conditions  made  in  the  revocation  of  a  certificate  must 
be  within  the  jurisdiction  of  the  county  superintendent,  and 
must  apply  to  the  whole  county 92 

A  certificate  which  has  expired  by  limitation  cannot  be  re- 
voked   , 10Y 

In  the  trial  for  revocation  of  certificate  testimony  may  be  intro- 
duced to  establish  the  general  character  and  disposition  of  the 
teacher 115 

RULES  AND  REGULATIONS- 

The  power  to  prescribe  rules  and  regulations  for  the  government 
of  the  board  is  not  a  function  of  the  electors.  A  rule  adopted 
by  the  board,  and  not  a  provision  of  law,  may  be  modified  at 
the  option  of  the  board 64 

Boards  of  directors  and  their  agents,  the  teachers,  may  establish 
reasonable  rules  for  the  government  of  schools  and  the  control 
of  pupils 68 

The  teacher  has  the  right  to  require  a  pupil  to  answer  questions 
which  tend  to  elicit  facts  concerning  his  conduct  in  school 68 

The  pupil  is  answerable  for  acts  which  tend  to  produce  merriment 
in  the  school  or  to  degrade  the  teacher 68 

Open  violation  of  the  rules  of  the  school  cannot  be  shielded  from 
investigation  under  the  plea  that  it  invades  the  rights  of  con- 
science   68 

SALARY  OF  TEACHERS— 

The  salary  of  teachers  should  be  in  proportion  to  their  ability  and 
responsibility,  and  not  equal  when  these  circumstances  differ 

materially 110 

Control  of.  The  control  of  salaries  is  wholly  within  the  power  of 
the  board  and  cannot  be  determined  by  an  appeal,  because  it  is 
not  within  the  jurisdiction  of  county  or  state  superintendent  to 
order  the  payment  of  money 110 


TO  SCHOOL  LAW  DECISIONS.  129 

SCHOOLS-  PAGE 

Every  person  between  the  ages  of  five  and  twenty-one  years  has 
the  right  to  attend  school  in  the  district  in  which  he  resides, 
regardless  of  considerations  relating  to  race,  nationality,  the 

holding  of  property,  or  the  payment  of  taxes 74 

The  payment  of  school  taxes  does  not  entitle  non-residents  to 

school  privileges .• 74 

The  board  have  authority  to  determine  when,  and  upon  what 
terms,  non-resident  pupils  may  attend  the  schools  of  their  dis- 
trict    74 

SCHOOL  FUNDS— 

Disbursement  of.  The  treasurer  is  the  proper  custodian  of  all  funds 
belonging  to  the  district,  and  can  legally  pay  them  out  only 
upon  orders  specifying  the  fund  on  which  they  are  drawn  and 
the  specific  use  to  which  they  are  applied.  The  board  cannot 
authorize  the  subdirector  to  use  the  public  funds  for  any  pur- 
pose   60 

SCHOOL-HOUSE— 

Power  of  the  board  to  build.  If  in  their  judgment  the  wants  of  a 
subdistrict  require,  the  board  are  empowered  to  erect  a  school- 
house  without  action  on  the  part  of  the  electors  of  the  subdis- 
trict    29 

Removal  of.  A  vote  of  the  electors  of  a  subdistrict  to  remove  a 
school-house,  will  not  compel  the  board  to  act  affirmjatively  in 
relation  thereto 

Erection  of.  A  school-house  cannot  be  erected  in  a  subdistrict, 
if  from  any  cause  the  number  of  persons  between  five  and 
twenty-one  years  of  age,  has  been  reduced  below  fifteen 108 

Removal  of.  School-houses  cannot  be  moved  to  accommodate  redis- 
tricting  until  after  the  change  of  subdistricts  takes  effect  in 
March 12 

SCHOOL-HOUSE  SITE— 

Location  of.  The  action  of  a  committee  appointed  by  the  board 
to  locate  a  site  is  of  no  force  until  officially  adopted  by  the  board 

while  in  session 78 

Subdistrict  boundaries  cannot  be  changed  upon  an  appeal  relating 
solely  to  the  location  of  a  site,  nor  can  a  site  be  located  with  the 
expectation  that  boundaries  will  be  changed,  unless  such  is 

v    shown  to  be  the  intention  of  the  board  78 

A  site  located  by  the  county  superintendent  cannot  be  changed  by 
the  board,  while  the  condition  of  the  district  remains  without 
material  change 82 

17 


130  INDEX 

PAGE 

SCHOOL-HOUSE  SITE— CONTINUED. 

The  prospective  wants  of  a  subdistrict  may  properly  have  weight 
in  determining  the  selection  of  a  site,  when  such  selection  be- 
comes necessary ;  but  not  in  securing  the  removal  of  a  school- 
house,  conveniently  located  for  the  present 87 

To  make  a  distinction  between  the  children  of  freeholders  and 
those  of  tenants  in  determining  the  proper  location  for  a  school- 
house,  is  contrary  to  the  spirit  and  intent  of  our  laws 87 

Location  of.  The  necessities  of  the  present  must  be  observed  in  lo- 
cating school-house  sites,  in  preference  to  the  probabilities  of 
t\\G  future 90 

The  owner  of  a  residence  can  object,  whether  at  the  time  an 

occupant  or  not,  if  section  1826  applies 94 

Location  of.  The  location  of  a  school-house  can  be  dependent  upon 
a  change  of  boundaries,  only  when  it  is  shown  in  evidence  that 
it  is  the  intention  to  make  such  change 98 

The  choice  of  a  school-house  site  by  the  electors  has  no  binding 
force 100 

A  school-house  site  fixed  by  county  or  state  superintendent  affirm- 
ing the  discretionary  act  of  the  board,  allows  the  board  to  exer- 
cise their  discretion  again,  especially  if  material  changes  have 
occurred Ill 

School-house  sites  fixed  by  county  or  state  superintendent  can  be 
relocated  when  material  changes  have  occurred 112 

SCHOOL-HOUSE  TAX— 

Where  it  has  been  the  uniform  custom  to  apportion  the  school- 
house  tax  among  the  several  subdistricts,  the  board  are  not 
governed  by  a  vote  of  the  electors  instructing  them  to  levy  the 
tax  directly  upon  the  property  of  a  subdistrict 31 

All  taxes  voted  by  the  district  township  meeting  must  be  appor- 
tioned among  the  subdistricts.  All  taxes  voted  by  the  sub- 
district  meeting  which  the  district  township  neglects  or  refuses 
to  grant,  must  be  certified  and  levied  upon  the  subdistrict.  The 
board  have  no  option  but  to  obey  the  requirements  of  the  law . .  72 

SCHOOL  OKDEKS- 

"When  improperly  issued  by  the  board  of  directors,  the  proper 
remedy  is  an  injunction  from  the  civil  courts 55 

SETTLEMENT— 

After  an  independent  district  has  been  erected  within  a  district 
township  and  the  respective  boards  of  directors  have  paid  the 
debts  owing  by  the  district  prior  to  the  separation,  and  divided 
the  funds  on  hand,  anew  board  of  one  of  these  organizations 
cannot  appeal 17 


TO  SCHOOL  LAW  DECISIONS. 

-p  A  /~<  TJ*- 

SUBDISTKICTS- 

A  subdistrict  is  not  entitled  to  draw  money  from  the  district  treas- 
ury in  lieu  of  the  full  term  of  school  required  by  law IT 

It  is  better  to  have  large  subdistricts  with  good  school-houses  well 
furnished,  than  small  subdistricts  with  small  and  poorly  fur- 
nished school-houses 25 

Size  of.  There  are  serious  objections  to  the  formation  of  small  sub- 
districts , 45 

•  The  practice  of  cutting  district  townships  into  numerous  subdis- 
tricts of  small  size,  is  detrimental  to  the  educational  progress  of 
the  state,  and  will  not  be  sustained  on  appeal 54 

When  a  subdistrict  composed  of  four  sections  of  land  has  built  its 
own  school-house,  it  should  not  be  consolidated  with  another  as 
a  temporary  expedient  to  avoid  the  expense  of  maintaining  a 
school 5<> 

The  formation  of  small  or  irregularly  shaped  subdistricts  should 
be  avoided 59 

A  subdistrict  is  not  a  corporate  body,  and  has  no  control  of  any 
public  fund 61 

The  area  of  a  subdistrict  which  contains  less  than  fifteen  pupils, 
cannot  legally  be  reduced,  even  though'  by  such  reduction  no 
pupils  are  transferred 75 

Other  things  being  equal,  both  territory  and  school  population 
should  be  about  equally  divided  among  the  subdistricts  of  a  dis- 
trict township 76 

One  subdistrict  should  not  ordinarily  have  an  excess  over  the 
average  subdistrict  of  the  district  township  both  in  territory 

and  school  population,  nor  should  it  lack  in  both 76 

Formation  of.  Subdistricts  having  at  the  time  of  formation  fifteen 
persons  between  five  and  twenty-one  years  of  age,  are  properly 
formed 10& 

SUBDISTE1CT  BOUNDARIES- 

A  subdistrict  which,  prior  to  the  passage  of  the  act  of  March  12, 
1858,  was  composed  of  parts  of  two  or  more  civil  townships,  can- 
not be  dissolved  by  the  action  of  one  of  the  boards  of  directors 
interested 21 

Change  of.  In  changing  subdistrict  boundaries,  both  the  present 
and  the  future  welfare  of  the  district  should  be  considered 25 

Change  of.  The  county  superintendent  may,  on  appeal,  redistrict. 
A  refusal  by  the  board  to  act  upon  a  petition  to  redistrict  is  an 
act  from  which  an  appeal  will  lie 32 

Change  of.  The  acts  of  a  board  of  directors  changing  subdistrict 
boundaries  and  locating  school-houses  are  so  far  discretionary 
that  they  should  be  affirmed  on  appeal,  unless  it  is  shown  that 
there  has  been  an  abuse  of  discretion 39 


132  INDEX. 

PAGE 

SUBDISTRICT  BOUNDARIES-CONTINUED. 

Change  of.  At  the  hearing  of  an  appeal  before  the  county  superin- 
tendent, it  is  competent  for  him,  upon  his  own  motion,  to  call 
additional  witnesses  to  give  testimony 47 

It  requires  an  affirmative  vote  of  a  majority  of  all  the  members  of 
the  board  to  effect  a  change  in  subdistrict  boundaries. 56 

Subdistrict  boundaries  can  be  changed  only  by  affirmative  vote 

of  a  majority  of  all  the  members  of  the  board  of  directors ...    66 
SUSPENSION  OR  EXPULSION— 

Suspension  or  expulsion  of  a  scholar  requires  the  action  of  the 

board  by  a  majority,  and  the  concurrence  of  the  president...  100 
TEACHERS- 

Right  of,  to  inflict  punishment  upon  their  pupils.  A  school-mas- 
ter who  stands  in  loco  par entis  may,  in  proper  cases,  inflict  mod- 
erate and  reasonable  chastisement.  The  law  confides  to  teachers 
a  discretionary  power  in  the  infliction  of  punishment  upon  their 
pupils,  and  will  not  hold  them  responsible  criminally,  unless  the 
punishment  be  such  as  to  occasion  permanent  injury  to  the  child, 
or  be  inflicted  merely  to  gratify  their  own  evil  passions 26 

When  a  teacher  is  dismissed,  in  violation  of  his  contract,  an  action 
in  the  courts  of  law,  on  the  contract,  will  afford  him  a  speedy 
and  adequate  remedy ;  when  discharged  for  incompetency,  dere- 
liction of  duty,  or  other  cause  affecting  his  qualifications  as  a 
teacher,  he  has  the  right  of  appeal 85 

The  teacher  is  entitled  to  the  counsel  and  co-operation  of  the  sub- 
director  and  board  in  all  matters  pertaining  to  the  conduct  and 

welfare  of  the  school 86 

TERRITORY— 

Transfer  of.  Territory  must  be  transferred  under  the  provisions 
of  section  1797,  by  the  county  superintendent  and  the  board  of 
the  district  from  which  the  territory  is  taken,  and  as  the  county 
superintendent  has  original  jurisdiction,  no  appeal  will  lie 93 

Section  1797,  School  Laws  of  1876,  applies  only  when  natural 

obstacles  exist. 93 

Transfer  of.  The  mandatory  provision  of  section  1798,  for  the 
transfer  of  territory,  applies  only  when  both  corporations  are 
district  townships 102 

Transfer  of.  Where  territory  is  to  be  transferred  by  concurrent 
action  of  two  boards  to  the  district  to  which  it  geographically 
belonged,  a  majority  of  the  members  elect  is  not  necessary, 

as  required  for  the  change  of  subdistrict  boundaries 117 

TUITION— 

Collection  of  tuition  under  section  1793  cannot  be  done  by  appeal 
to  the  county  superintendent,  but  must  be  settled  through  the 

courts..  116 


SCHOOL  LAWS  OF  IOWA 

FROM  THE  CQDE  OF  1873, 

AS  AMENDED  BY  THE  FIFTEENTH,  SIXTEENTH,  SEVENTEENTH 
AND  EIGHTEENTH  GENERAL  ASSEMBLIES, 


WITH 


NOTES  AND  FORMS, 


FOB 


THE  USE  AND  GOVERNMENT  OF  SCHOOL  OFFICERS. 


188O. 


C.  W.  VON   COELLN, 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


DES  MOINES: 

F.  M.  MILLS,  STATE  PRINTER. 

1SSO. 


PREFACE. 


THE  last  edition  of  School  Laws  was  published  in  1876  by  my  pred- 
ecessor, Hon.  A.  Abernethy,  and  we  have  reason  to  believe  that  many 
of  our  school  officers  are  now  entirely  without  copies  of  School  Laws. 
We  advise  the  laying  aside  of  all  old  School  Laws.  The  decisions  in 
the  edition  for  1876  may  be  useful  at  times,  but  the  use  of  old  editions 
of  School  Laws  will  simply  confuse. 

We  insert  all  amendments  made  to  the  Code  of  1873,  in  their  proper 
places,  and  indicate  such  changes  at  the  beginning  of  the  section.  The 
laws  which  cannot  be  thus  incorporated  are  printed  separately,  at  the 
end  of  the  revision  of  that  part  from  the  Code  which  pertains  to  the 
schools. 

The  notes  at  the  bottom  of  the  pages  are  intended  to  aid  school 
officers  in  the  administration  of  their  duties.  They  have  not  the  force 
of  law,  except  where  we  have  given  the  decision  of  the  Supreme  Court. 

A  few  suggestions  of  a  general  nature  may  not  be  out  of  place 
here.  The  electors  have  only  such  powers  as  are  specially  given  to 
them;  these  are  found  enumerated  in  sections  1717,  1717  J,  1718-1720, 
1753  referring  to  the  control  of  the  school-house,  1763  and  1778  refer- 
ring to  a  vote  of  the  electors  of  a  subdistrict  to  raise  a  tax  for  build- 
ing school-houses.  For  independent  districts,  sections  1801, 1802, 1807, 
1808, 1810, 1811,  1812,  1814, 1816,  1818,  1822,  and  chapter  133  of  the 
seventeenth  general  assembly,  as  amended  by  chapter  131  of  the 
eighteenth  general  assembly,  relate  to  powers  of  electors.  All  other 
powers  are  reserved  to  the  board  of  directors. 

The  board  of  directors  have  large  discretionary  powers  and  should 
exercise  those  powers  with  care  and  impartiality.  It  is  made  incum- 
bent upon  them  to  protect  the  interest  of  the  tax-payers  by  not  levy- 
ing unnecessary  taxes.  In  many  districts  there  is  more  money  on 
hand  in  the  teachers1  fund  than  is  required  to  pay  for  a  year's  salaries 
in  advance.  The  total  amount  on  hand  on  the  15th  of  September, 
1879,  was  nearly  two  and  three-fourths  million  dollars. 

The  board  are  required  to  settle  with  the  treasurer  by  the  provisions  of 


4  PREFACE. 

section  1732  and  examine  into  his  accounts.  They  should  make  this  ex- 
amination thoroughly  and  at  the  end  of  the  year  on  the  third  Monday  of 
September  they  should  require  not  only  a  settlement  but  also  that  the 
treasurer  should  produce  and  count  all  money  in  his  hands  at  that 
time,  and  if  he  is  re-elected,  they  should  indorse  the  fact  of  such  settle- 
ment and  accounting  of  funds  on  the  bond  of  the  treasurer.  With- 
out such  compliance  with  the  law  (section  690  of  the  Code,  as 
quoted  in  note  (c)  to  section  1751),  the  bondsmen  will  not  be  respon- 
sible for  losses  subsequently  ascertained. 

The  board  of  directors  of  district  townships  are  to  restrict  the  sub- 
directors  in  such  a  way  as  to  prevent  difficulties.  For  this  purpose 
they  should,  under  section  1737,  make  such  rules  and  restrictions  for 
the  government  of  subdirectors  as  will  best  subserve  the  interests  of 
the  people.  The  frequent  complaints  which  reach  us  lead  us  to  sug- 
gest that  subdirectors  should  be  instructed  to  make  no  contracts 
beyond  the  year  for  which  the  board  are  elected,  should  not  engage 
themselves  or  near  relatives,  unless  they  have  special  permission  to  do 
so  by  the  board  in  full  session;  nor  should  they  engage  a  teacher, 
when  a  majority  of  the  electors  or  patrons  of  the  school  protest  in 
writing  to  such  selection. 

The  constant  complaint  of  the  variety  of  text-books  used  in  school, 
and  the  too  frequent  changes  of  these  books  by  teachers  and  subdi- 
rectors, lead  us  to  call  the  special  attention  of  boards  of  directors  to 
their  power  to  select  text-books,  given  them,  impliedly,  by  section 
1728.  This  power  should  be  exercised  and  in  the  selection  due  regard 
should  be  had  to  secure  the  best  books,  and  if  possible  to  retain  those 
which  are  in  common  use,  and  then  provide  in  the  contract  with 
teachers  that  they  shall  not  change  these  books. 

Teachers  should  be  sustained  in  their  work  and  aided  by  advice  and 
visitation,  and,  if  it  becomes  necessary  to  dismiss  a  teacher,  it  should 
be  done  in  accordance  with  law  and  after  a  fair  trial  and  the  oppor- 
tunity of  defense,  which  defense  may  be  made  by  attorney  or  other- 
wise as  the  teacher  may  choose. 

No  new  School  Laws  will  be  published  within  the  next  four  years, 
hence  the  necessity  to  preserve  the  copies  furnished  to  officers.  All 
copies  so  furnished  must  be  delivered  to  the  successors  in  office  by 

retiring  directors  and  officers. 

C.  W.  vox  COELLN, 

Superintendent  of  Public  Instruction. 
DES  MOIXES,  IOWA,  May  1, 1880. 


SCHOOL    LAWS    OF    IOWA. 


FKOM  THE  CODE  AS  AMENDED  BY  THE  FIFTEENTH, 
SIXTEENTH,  SEVENTEENTH,  AND  EIGHTEENTH 
GENERAL  ASSEMBLIES. 

SCHOOL  DISTRICTS. 

SECTION  1713.     Each  civil  township  now  or  hereafter  school  dis- 
organized, and  each  independent  school  district  organized  tr 
as  such  prior  to  the  taking  effect  of  this  code,  is  hereby 
declared  a  school  district  for  all  the  purposes  of  this  chap- 
ter, subject  to  the  provisions  hereinafter  made. 

SEC.  1714.  When  an  organized  district  has  been  left 
without  officers,  the  township  trustees  shall  give  such  notice 
for  a  special  election  of  directors  as  is  required  in  cases  of 
regular  district  elections;  and  the  persons  elected  shall  con- 
tinue in  office  until  their  successors  are  duly  elected  and 
•qualified. 

SEC.  1715.     When  changes  in  civil  township  boundaries  Division  °£..di8- 

T    ,    •    i     ini        T'l    i    •     i      I  tr'ct:apportion- 

are  made,  or  any  district  shall  be  divided  into  two  or  more  *^nt  of  assets 
entire  townships  for  civil  purposes,  the  existing  board  of  and  liabmtlea* 
directors  shall  continue  to  act  for  both  or  all  the  new. dis- 
tricts, or  parts  of  districts,  until  the  next  regular  district 
election  thereafter,  at  which  time  the  new  district  townships 

SECTION  1713.  The  design  of  the  law  is  that  civil  and  district 
township  boundaries  shall  coincide.  When  new  civil  townships 
are  formed,  the  corresponding  changes  in  district  township 
boundaries  take  effect  at  the  next  subdistrict  election.  See  sec- 
tions 1715  and  1796. 

SEC.  1714.  In  case  the  board  is  reduced  below  a  quorum,  by 
resignation  or  otherwise,  the  township  trustees  should  call  a 
special  election  to  fill  the  vacancies.  The  ballots  in  such  elec- 
tion, in  independent  districts,  should  indicate  in  whose  place  the 
person  voted  for  shall  serve.  In  independent  districts  five 
notices  should  be  posted,  as  provided  in  sections  1742  and  1801 ; 
in  district  townships,  three  notices  are  required  in  each  subdis- 
trict, as  provided  in  section  1718. 

SEC.  1715.  (a)  New  district  townships  are  not  organized  until 
the  lirst  Monday  in  March  after  the  election  of  officers  of  the 
<dvil  townships. 

(b)  When  subdistricts  are  divided  by  changes  in  civil  town- 
ship boundaries,  the  old  board  should  incorporate  the  several 


SCHOOL  LAWS  OP  IOWA. 

shall  organize  by  the  election  of  directors.  The  respective- 
boards  of  directors  shall,  immediate!}'  after  such  organiza- 
tion, make  an  equitable  division  of  the  then  existing  assets 
and  liabilities  between  the  old  and  new  districts ;  and  in  case 

parts  with  other  subdistricts,  or  otherwise  provide  for  such  ter- 
ritory, so  that  all  electors  may  vote  at  the  following  subdistrict 
election ;  in  the  absence  of  such  action,  the  territory  properly 
belongs  to  the  subdistrict  which  it  adjoins,  and  the  electors  are 
entitled  to  vote  therein.  The  boundaries  of  subdistricts  lying 
wholly  within  the  old  or  new  districts,  are  not  affected  by  the 
division  of  civil  townships. 

(c)  Five  days  before  the  time  for  the  regular  subdistrict  elec- 
tion (first  Monday  in  March)  written  notices  should  be  posted  in 
three  public  places  in  each  subdistrict,  in  both  the  old  and  new 
townships,  by  the  resident  subdirector;  in  subdistricts  where 
there  is  no  subdirector,  by  the  secretary. 

(d)  Assets  include  school-houses,  sites,  and  all  other  property 
and  moneys  belonging  to  the  district.    Liabilities  include  all 
debts  for  which  the  district  in  its  corporate  capacity  is  liable.  In 
determining  the  assets,  school  property  should  be  estimated  at 
its  present  cash  value.    Each  fund  should  be  divided  separately 
between  the  districts,  in  proportion  to  the  last  assessed  value  of 
the  property,  real  and  personal.    Any  portion  of  the  teachers'" 
fund,  however,  derived  from  the  semi-annual  apportionment, 
should  be  divided  in  proportion  to  the  number  of  persons  be- 
tween the  ages  of  five  and  twenty-one  years,  according  to  the 
last  school  enumeration. 

(e)  School-houses  will  usually  become  the  property  of  the  dis- 
trict in  which  they  are  situated.  If  their  value  exceeds  the  amount 
justly  due  the  district,  and  there  is  not  sufficient  school-house 
fund  on  hand  to  equalize  the  division,  the  board  should  deter- 
mine the  amount  which  each  district  should  receive  or  pay.  Any 
equitable  arrangement  which  will  be  mutually  satisfactory  to 
the  parties  in  interest,  will  be  in  accordance  with  the  intent  of 
the  law.    Any  agreement  that  is  entered  into  should  be  reduced 
to  writing,  and  entered  in  the  records  of  each  of  the  districts 
interested. 

(f)  "  The  districts,  after  the  division,  which  do  not  receive 
their  just  proportion  of  school-house  property,  have  a  claim 
against  those  that  do  obtain  more  than  their  due  share.   The  last 
named  are  indebted  to  the  first  in  the  difference."  District  Town- 
ship  of  Williams  v.  District  Township  of  Jackson,  36  Iowa,  210. 

If  money  is  received  by  one  which  belongs  to  another,  the 
rule  is  a  general  one  that  the  law  implies  a  promise  on  the  part 
of  the  receiver  to  pay  it  over.  Based  upon  this  implied  promise 
an  action  may  be  maintained  for  its  recovery.  And  this  rule  ap- 
plies to  corporations  as  to  individuals.  District  Township  of 
Norway  v.  District  Toionship  of  Clear  Lake,  11  Iowa,  50(3.  In 
this  case,  the  district  township  of  Clear  Lake  having  been  di- 
vided so  as  to  form  two  district  townships,  the  following  spring 


SCHOOL  LAWS  OF  IOWA.  7 

of  a  failure  to  agree,  the  matter  may  be  decided  by  arbitra- 
tors, chosen  by  the  parties  in  interest.  A  similar  division 
shall  be  made  in  case  of  the  formation  or  changes  of  boun- 
daries of  independent  districts. 

SEC.  1716.     Every  school  district  which  is  now,  or  may  Body  corporate, 
hereafter  be  organized,  is  hereby  made  a  body  corporate  by 
the  name  of  the  "district  township,"  or  "  independent  dis- 
trict," (as  the  case  may  be,)  of ,  in  the  county 

of ,  and  in  that  name  may  hold  property,  be- 
come a  party  to  suits  and  contracts,  and  do  other  corporate 
acts. 

DISTRICT   TOWNSHIP  MEETING. 

SEC.  1717.     (As  amended  by  Chap.  63,  Laws  of  1880.)  Annual  meet- 
Each  district  township  shall  hold  an  annual  meeting  on  the 
second  Monday  in  March,  and  the  electors  of  the  district, 
when  legally  assembled  at  such  meeting,  shall  have  th/?  fol- 
lowing powers: 

1.  To  appoint  a  chairman  and  secretary  in  the  absence  powers, 
of  the  regular  officers; 

2.  To  direct  the  sale  or  other  disposition  to  be  made  of  Disposal  of 
any  school-house,  or  the  site  thereof,  and  of  such  other  pro 
property,  personal  and  real,  as  may  belong  to  the  district; 

it  received  all  the  funds  apportioned  by  the  clerk  of  the  board 
of  supervisors,  and  Norway  brought  suit  and  recovered  a  just 
portion  of  the  same. 

(g)  A  simple  and  just  method  of  disposing  of  unpaid  and 
delinquent  taxes,  also  of  all  the  funds  in  the  hands  of  the  county 
treasurer,  and  not  available  (see  section  1785)  is  to  direct  the 
payment  of  such  funds  in  such  a  manner  that  taxes  derived 
from  any  part  of  the  territory  shall  be  paid  to  the  district  to 
which  such  territory  will  then  belong. 

SEC.  1716.  In  suits,  contracts,  and  conveyances,  the  corporate 
name  should  be  strictly  observed.  A  subdistrict  is  not  a  corpo- 
ration, and  hence  can  neither  hold  property  nor  perform  any  cor- 
porate act. 

SEC.  1717.  (a)  District  townships  are  authorized  to  hold  only 
one  meeting  in  each  year,  except  as  provided  by  section  1717}£. 
The  meeting  cannot  be  adjourned  to  another  day.  Ten  days' 
previous  notice  of  this  meeting  should  be  given  by  the  district 
township  secretary,  section  1742;  but  as  the  law  fixes  the  day  of 
the  meeting  of  the  electors  of  the  district  township,  and  also  of 
the  subdistrict,  a  failure  to  give  full  notice,  or  any  notice  at  all, 
though  a  violation  of  law,  will  not  invalidate  the  proceedings  of 
the  meeting,  if  one  be  held  at  the  usual  time  and  place.  Dishon 
v.  Smith,  10  Iowa,  212.« 

(b)  The  president  and  secretary  of  the  board  are  the  regular 
officers  of  this  meeting,  and  should  act  as  such  if  present.  Sec- 
tions 1739  and  1741. 


8  SCHOOL  LAWS  OF  IOWA. 

to  direct  the  manner  in  which  the  proceeds  arising  there- 
Additional        from  shall  be  applied;  to  determine  what  additional  branches 
shall  be  taught  in  the  schools  of  the  district;  or  to  delegate 
any  of  these  powers  to  the  board  of  directors; 

school-house  3.  To  vote  such  tax,  not  exceeding  ten  mills  on  the  dol- 
S.8and  libra" lar  in  an.Y  °ne  year,  on  the  taxable  property  of  the  district 
township,  as  the  meeting  shall  deem  sufficient  for  the  pur- 
chase of  grounds  and  the  construction  of  the  necessary 
school-houses,  for  the  use  of  the  district,  and  for  the  pay- 
ment of  any  debts  contracted  for  the  erection  of  school- 
houses,  and  for  procuring  district  libraries; 

Transfer  of          4.     To  instruct  the  board  of  directors  to  transfer  any  sur- 
fund?  plus  in  the  school-house  fund,  not  appropriated,  to  either 

the  contingent  or  teachers'  fund. 

Extra  meetings      SEC.  1717^.     (Chap.  84,  Laws  of  1880.)    When  a  school 

of  electors.       district,  by  fire  or  otherwise,  has  been  deprived  of  a  school 

building,  and  the  board  of  directors  of  such  district  by  the 

use  of  the  powers  in  them  vested,  are  unable  to  provide  for 

the  continuance  of  the  school  therein;  then  such  board  of 

(c)  School-houses  cannot  be  sold  without  a  previous  vote  of 
the  electors,  but  their  action  in  voting  a  tax  for  the  erection 
of  a  new  school-house  on  the  old  site  gives  the  board  authority 
to  remove  or  dispose  of  the  old  house. 

(d)  If  the  electors,  at  the  district  township  meeting  on  the 
second  Monday  in  March,  direct  that  any  additional  branches 
shall  be  taught  in  any  or  all  of  the  schools  in  the  district  town- 
ship, their  action  is  mandatory,  and  the  board  are  bound  to  en- 
deavor in  good  faith  to  fulfill  the  wishes  of  the  electors.    Fail- 
ing to  do  so,  the  board  can  be  compelled  by  mandamus  to  show 
reason  why  they  have  not  complied  with  the  request  of  the 
electors. 

(e)  All  school-house  taxes  must  be  voted  by  the  electors  of 
the  subdistrict,  or  district  township ;  this  power  cannot  be  dele- 
gated to  the  board.    This  vote  may  be  taken  by  ballot,  or  viva 
voce. 

The  specific  sum  of  money  deemed  necessary,  and  not  a  cer- 
tain number  of  mills  on  the  dollar,  should  be  voted.  The  per 
centum  necessary  to  raise  this  sum  is  determined  by  the  board 
of  supervisors.  See  sections  1777  and  1780. 

(f)  The  tax  for  procuring  district  libraries  cannot  be  used 
to  purchase  text-books  for  the  use  of  scholars.    Money  can  only 
be  paid  out  for  the  purchase  of  a  district  library  which  has  been 
voted  for  that  purpose  by  the  electors  at  the  regular  March 
meeting. 

(g)  Any  other  mingling  of  funds  than  provided  for  in  sub- 
division four  is  a  violation  of  law. 

(h)  The  electors  frequently  assume  powers  not  granted  to 
them  by  the  law.  They  have  only  such  powers  as  are  specifi 
cally  enumerated  in  the  law.  See  preface  to  these  laws. 


SCHOOL  LAWS  OF  IOWA.  9 

directors  shall  call  a  meeting  of  such  district.     The  manner 
of  calling  such  meeting  shall  be  as  follows: 

1.  The  board  of  directors  shall  cause  to  be  posted  in 
three  public  places  in  such  district,  at  least  ten  days  prior  to 
the  designated  time  of  holding  such  meeting,  written  no- 
tices of  such  meeting,  in  which  shall  be  stated  the  time  and 
place  of  such  meeting,  and  the  object  or  purpose  for  which 
the  same  is  called; 

2.  The  powers  of  such  meeting  shall  be  the  same  as  is 
prescribed  in  section  1717  hereof,  except  those  powers  which 
are  set  forth  in  paragraph  2,  after  the  word  "  applied  "  in 
the  fifth  line  thereof,  and  in  paragraph  3,  after  the  word 
u  district "  in  the  fifth  line  thereof. 

SUBDISTRICT   MEETING. 

SEC.  1718.     The  several  subdistricts  shall,  annually,  on  Annual  meet- 
the  first  Monday  in  March,  hold  a  meeting  for  the  election  ing* 
of  a  subdirector,  five  days'  notice  of  which  meeting  shall  be 
given  by  the  then  resident  subdirector,  or,  if  there  is  none, 

SEC.  1718.  (a)  "  No  district  township  or  subdistrict  meeting 
shall  organize  earlier  than  9  A.  M.,  nor  adjourn  before  12  M." 
Section  1789.  The  meeting  should  not  be  called  later  than  6  p. 
M.  The  law  contemplates  at  least  three  hours  for  the  election. 
Iowa  Reports,  37, 131 ;  39,  381. 

(b)  No  minor,  non-resident  nor  alien  can  take  part  in  a  meet- 
ing of  electors.    To  be  entitled  to  the  right  of  suffrage  a  person 
must  be  a  male  citizen  of  the  United  States,  twenty-one  years  of 
age,  a  resident  of  the  state  six  months  next  preceding  the  elec- 
tion, and  of  the  county  sixty  days.    Constitution,  article  2,  sec- 
tion l.    The  election  must  be  by  ballot.    Constitution,  article  2, 
section  6. 

(c)  A  person  who  acts  as  chairman  at  a  school  election  is  en- 
titled to  his  vote  as  much  as  any  other  elector. 

(d)  Any  election  held  by  the  people  must  be  held  on  the  day 
designated,  and  officers  must  be  elected  by  a  single  ballot.    The 
person  receiving  the  greatest  number  of  votes  is  elected,  even 
though  he  has  not  received  a  majority  of  all  the  votes  cast. 

(e)  The  electors  of  a  subdistrict  may,  at  their  regular  meeting 
in  March,  determine  what  amount  is  required  for  the  erection 
of  a  school-house  in  said  subdistrict.    A  sum,  in  the  aggregate, 
may  be  voted,  and  the  subdirector  should  certify  the  same  to  the 
next  district  township  meeting  held  thereafter.    Section  1778. 

If  the  subdistrict  does  not  wish  to  have  such  a  tax  levied  upon 
themselves,  they  should  simply  prefer  a  request  for  a  sufficient 
amount  to  build  a  school-house  in  their  subdistrict. 

(f)  If  subdistrict  boundaries  are  in  controversy  by  way  of 
appeal,  the  election  for  subdirectors  should  be  made  on  the  basis 
of  the  status  of  the  subdistricts  on  the  day  of  election. 


10 


SCHOOL  LAWS  OF  IOWA. 


Powers. 


Election  and  tie 
vote. 


Number  of 
subdirectors ; 
bow  chosen. 


by  the  district  secretary,  posting  a  written  notice  in  three 
public  places  therein,  and  such  notice  shall  state  the  hour 
of  meeting. 

SEC.  1719.  (As  amended  by  Chap.  7,  Laws  of  1880.) 
At  the  meeting  of  the  subdistrict  a  chairman  and  secretary 
shall  be  appointed,  who  shall  act  as  judges  of  the  election, 
and  give  a  certificate  of  election  to  the  subdirector  elect. 
When  there  is  a  tie  vote  between  two  persons  for  the  office 
of  subdirector  the  secretary  shall  notify  the  secretary  of  the 
district  township  board  of  such  tie  vote,  and  shall  notify 
said  persons  to  appear  at  the  regular  meeting  of  the  board 
on  the  third  Monday  in  March,  to  determine  the  tie  vote  by 
lot  before  one  or  more  members  of  the  board  elected,  and 
the  certificate  of  election  shall  be  given  accordingly.  Should 
either  party  fail  to  appear,  or  take  part  in  the  lot,  the  sec- 
retary shall  draw  for  him. 

SEC.  1720.  In  all  district  townships  comprising  but  one 
subdistrict  the  board  of  directors  shall  consist  of  three  sub- 
directors;  and  in  all  district  townships  comprising  but  two 
subdistricts  it  shall  consist  of  one  subdirector  chosen  from 
each  subdistrict  and  one  from  the  district  township  at 
large,  who  shall  in  both  cases  be  elected  in  the  manner  pro- 
vided by  law  for  the  election  of  one  subdirector  from  each 
subdistrict.  The  judges  of  the  respective  subdistrict  elec- 
tions shall  canvass  the  votes  for  subdirector  chosen  from 
the  district  township  at  large,  and  shall  issue  a  certificate 
of  election  to  the  person  elected. 


Subdirectors 
to  constitute 
board  of 
directors. 


BOARD   OF   DIRECTORS. 

SEC.  1721.  (As  amended  by  Chap.  27,  Laws  of  1874.) 
The  subdirectors  of  the  several  subdistricts  shall  constitute 

SEC.  1719.  (a)  The  chairman  and  secretary  are  not  required 
to  qualHy. 

(b)  Chapter  7,  laws  of  eighteenth  general  assembly,  provides 
how  a  tie  vote  shall  be  decided. 

SEC.  1720.  (a)  The  board  of  directors  of  a  district  township 
cannot  consist  of  less  than  three  members.  The  subdirector 
from  the  district  at  large  should  be  voted  for  at  both  subdistrict 
meetings.  To  avoid  confusion  the  ticket  should  specify:  For 
subdirector,  A.  B. ;  for  subdirector  at  large,  C.  D. 

(b)  Where  there  is  but  one  subdistrict  in  a  district  township 
the  subdistrict  meeting  should  be  held  at  some  central  point,  on 
the  first  Monday  in  March,  for  the  election  of  three  subdirectors, 
five  days'  notice  of  which  should  be  given  by  the  district  secre- 
tary, as  directed  by  section  1718;  and  another  meeting  will  be 
held  on  the  second  Monday  in  March,  as  provided  by  section 
1717,  the  powers  and  duties  of  the  two  meetings  being  entirely 
separate  and  distinct,  the  first  being  a  subdistrict,  the  second  a 
district  township  meeting. 

SEC.  1721.  (a)  The  right  or  title  to  hold  office  cannot  be  de- 
termined by  an  appeal  to  the  county  superintendent.  The 


SCHOOL  LAWS  OF  IOWA.  H 

a  board  of  directors  for  the  district  township,  and  shall  en-  when  aad 
ter  upon  their  duties  upon  the  day  fixed  for  the  regular  how  the  board 
meeting  of  the  board  in  March,  at  which  time  they  shall  rzhed!be 
organize  by  electing  from  their  own  number  a  president, 
who  shall  simply  be  entitled  to  a  vote  as  a  member  of  the 
board;  and  from  the  district  township  at  large,  at  their 
regular  meeting  on  the  third  Monday  of  September  in  each 
year,  a  secretary  and  a  treasurer,  unless  there  are  at  least  secretary  aud 

*L»  IT         1-1.1         T    i    •    i  i-         •  i  •   i  treasurer,  when 

live  subdirectors  in  the  district  township,  in  which  case  e-ected. 
they  nio,y  be  selected  from  the  board;  and  said  secretary 
and  treasurer  thus  elected  shall  qualify  and  enter  upon  the 
duties  of  their  respective  offices  within  ten  days  following 
the  date  of  their  election.  If  selected  from  the  district 
township  at  large  they  shall  have  no  vote  in  the  proceed- 
ings  of  the  board. 

proper  remedy  for  any  person  aggrieved  by  the  action  of  the 
board  relating  thereto  is  a  petition  to  the  circuit  or  district 
court,  under  the  provisions  of  sections  3345-3352,  Code. 

(b)  The  failure  or  refusal  of.  the  proper  officer  to  "issue  a  cer- 
tificate to  a  person  duly  elected  to  an  office  (subdirector)  cannot 
operate  to  deprive  such  person  of  his  rights."  "The  certificate  or 
commission  is  the  best,  but  not  the  only  evidence  of  an  elec- 
tion, and  if  that  be  refused  secondary  evidence  is  admissible." 
McCrary  on  Elections,  section  171. 

(c)  Business  done  by  the  new  board  of  directors  on  the  second 
Monday  of  March  is  void,  because  their  term  of  office  does  not 
begin  until  the  third  Monday  of  March.    AJ1  such  business  done, 
including  the  re-organization,  should  be  re-enacted  at  a  subse- 
quent meeting  to  make  it  legal. 

(d)  It  is  quite  customary  for  the  outgoing  board  to  meet  on 
the  third  Monday  in  March  and  complete  all  their  work,  and  for 
the  new  board  to  organize  immediately  thereafter.    The  legality 
or  propriety  of  their  doing  so  has  never  been  questioned. 

(e)  Directors  continue  in  office  until  the  third  Monday  in 
March  and  until  their  successors  are  elected  and  qualified.    A 
president  whose  term  as  director  has  expired  can  take  no  fur- 
ther part  in  the  proceedings  of  the  board,  even  though  a  new 
president  has  not  yet  been  chosen. 

(f)  Where  the  law  requires  a  certain  duty  to  be  performed 
by  the  board  upon  a  fixed  day,  as  for  instance  the  election  of  a 
secretary  and  a  treasurer  (see  sections  1721  and  1802),  an  adjourn- 
ment of  the  meeting  to  another  fixed  date  will  allow  the  trans- 
action of  the  same  business  which  was  directed  to  be  done  on 
the  day  of  the  regular  meeting. 

(g)  When  the  treasurer  is  chosen  from  the  members  of  the 
board,  finder  section  1721,  his  ceasing  to  be  a  member  of  the 
board  in  March  does  not  terminate  his  relation  as  a  treasurer  of 
the  district  until  September  following. 

(h)  A  person  cannot  remain  an  officer  or  member  of  the  board 
of  directors  and  reside  in  another  district,  even  though  in  the 
same  civil  township. 


12  SCHOOL  LAWS  OF  IOWA. 

Timeanapi.ce  S»«-  1^3-  (As  amended  by  Chap.  176  Laws  of  1880.) 
of  meeting.  Ine  board  or  directors  shall  hold  their  regular  meetings  on 
the  third  Monday  in  March  and  September  of  each  year; 
and  may  hold  such  special  meetings  as  occasion  may  re- 
quire, at  the  call  of  the  president,  or  by  request  of  a  major- 
ity of  the  board;  provided,  that  the  board  of  directors  of  a 
district  township  may  hold  their  meetings  at  any  place 
within  the  civil  or  district  township  in  which  such  district 
township  is  situated. 

SEC.  1723.  They  shall  make  all  contracts,  purchases, 
payments,  and  sales  necessary  to  carry  out  any  vote  of  the 
district;  but  before  erecting  any  school-house  they  shall 
consult  with  the  county  superintendent  as  to  the  most  ap- 

(i)  ISTo  person  can  hold  two  of  the  offices  of  the  board  at  the 
same  time. 

(j)  A  member  or  officer  of  the  board  must  have  the  qualifi- 
cations of  an  elector,  if  a  male ;  but  no  person  shall  be  deemed 
ineligible,  by  reason  of  sex,  to  any  school  office.  See  chapter  136, 
laws  of  1876. 

SEC.  1722.  (a)  The  intention  of  the  amendment  is  to  author- 
ize boards  of  directors  of  district  townships  to  hold  meetings  in 
an  independent  district  within  the  civil  township.  Chapter  44, 
laws  of  eighteenth  general  assembly,  legalized  all  meetings  of 
this  kind  heretofore  held. 

(b)  Section  1738  provides  that  a  majority  of  the  board  shall 
constitute  a  quorum.    Any  duty  imposed  upon  the  board  as  a 
body  must  be  performed  at  a  regular  or  special  meeting,  and 
made  a  matter  of  record.    The  consent  of  the  board  to  any  par- 
ticular measure,  obtained  of  individual  members  when  not  hi 
session,  is  not  the  act  of  the  board,  and  is  not  binding  upon  the 
district  township.   If  a  contract  is  made  without  authority  from 
the  board,  the  individuals  making  such  contract  are  personally 
liable. 

(c)  Special  meetings  should  be  convened  by  a  written  call, 
signed  either  by  the  president  or  a  majority  of  the  members,  and 
each  member  should  be  duly  notified  of  the  purpose  of  the  meet- 
ing, as  far  as  known. 

SEC.  1723.  (a)  It  is  the  duty  of  the  board  of  directors  to  make 
contracts  for  the  erection  of  school-houses,  when  the  means  have 
been  provided  by  the  electors.  If  the  subdirector  is  appointed  a 
committee  for  this  purpose  it  should  be  with  certain  limitations, 
and  the  contract  should  be  reported  to  the  board  for  approval,  as 
provided  by  section  1753.  No  member  has  authority  to  make  a 
contract  in  behalf  of  the  district,  except  under  specific  instruc- 
tions of  the  board.  Before  making  a  contract  great  pains  should 
be  taken  to  obtain  the  best  possible  plan  for  the  building.  On 
this  point  the  law  requires  consultation  with  the  county  super- 
intendent. 

(b)  Contracts  for  the  erection  or  repair  of  school-houses,  or 
for  material  for  the  same,  exceeding  $300,  cannot  be  entered  into 


SCHOOL  LAWS  OF  IOWA.  13 

proved  plan  of  such  building.  And  all  school  -  houses 
erected  or  repaired  at  a  cost  exceeding  three  hundred  dol- 
lars, shall  be  so  erected  or  repaired  by  contract,  and  no  such 
contract  for  labor  or  materials  shall  be  let  until  proposals 
for  the  same  shall  have  been  invited  by  advertisement  for  Advertise  for 
four  weeks  in  some  newspaper  published  in  the  county  Pr°P°8alfl- 
where  the  work  is  to  be  done,  if  there  be  one  published 
therein,  if  not,  in  the  nearest  newspaper  in  an  adjoining 
county;  and  such  contract  shall  be  let  to  the  lowest  respon- 
sible bidder,  and  bonds  with  sufficient  sureties  for  the  faith- 
ful performance  of  the  contract  shall  be  required. 

until  proposals  have  been  published  at  least  twenty-eight  days. 
Repairs  include  seats,  desks,  etc. 

( c)  If  members  or  officers  of  the  board  intentionally  violate 
law  they  become  personally  liable.    See  Iowa  Reports,  14, 510 ; 
17,  153;  24,  337;  and  38,  47.     "If  an  agent  make  a  valid  con- 
tract without  authority  he  is  himself  bound  thereby."    Andrews 
&  Co.  v.  Tedford,  37  Iowa,  314.    Contracts  mitde  in  violation  of 
the  terms  of  this  section  are  illegal.    Their  fulfillment  may  be 
prevented  by  injunction. 

(d)  Auy  unappropriated  school-house  funds  may  be  disposed 
of  by  the  electors,  under  section  1717,  for  improvements,  such  as 
fencing  school-house  sites,  providing  wells,  etc.,  and  the  board, 
under  section  1723,  are  required  to  carry  out  the  vote  of  the 
electors. 

(e)  Any  unappropriated  school-house  fund  in  the  district 
treasury  may  be  used  for  the  erection  or  repair  of  school-houses, 
at  the  discretion  of  the  board,  without  action  of  the  electors. 

(f)  A  board  of  directors  cannot  form  a  partnership  with  any 
other  party  in  the  building  of  a  school-house.    School-houses  are 
to  be  under  the  absolute  control  of  the  board.    This  does  not 
prevent  the  receiving  of  donations  and  granting  privileges  under 
notes  (i)  and  (k).    Section  1753. 

(g)  The  board  cannot  ba  required  to  commence  the  construc- 
tion of  a  house  until  means  to  a  reasonable  extent  have  been 
provided.    Boards  should  not  involve  the  district  in  an  indebt- 
edness for  the  erection  of  school-houses,  by  contracts,  or  the 
issue  of  orders  to  exceed  the  amount  voted  by  the  electors. 

(h)  District  townships  have  no  authority  to  issue  bonds  or 
other  evidences  of  indebtedness  for  the  purpose  of  borrowing 
money.  See  opinion  of  attorney-general,  School  Journal  for 
April,  18(53,  210. 

(i)  No  district  can  become  indebted  in  any  manner,  or  for  any 
purpose,  to  an  amount,  in  the  aggregate,  exceeding  five  per  cent 
on  the  value  of  its  taxable  property.  Constitution,  article  11, 
section  3.  W-inspsar  v.  District  Township  of  Holman,  37  Iowa, 
542. 

(j)    Public  school-houses  are  exempt  from  sale  on  execution 
Cods,  section  3048. 

(k)  A  board  of  directors  of  a  school  district  may  bind  a  cor- 
poration by  contracts  entered  into  after  the  election  of  their  suc- 


Of  THB 


14  SCHOOL  LAWS  OF  IOWA. 


S.EC-  *724'  They  sh?U  fix  tlie  site  for  each  school-house, 
taking  into  consideration  the  geographical  position  and 
convenience  of  the  people  of  each  portion  of  the  subdis- 
trict,  and  shall  determine  what  number  of  schools  shall  be 
taught  in  each  subdistrict,  and  for  what  additional  time 
beyond  the  period  required  by  law  they  shall  be  continued 
during  each  year. 

cessors  and  before  their  qualification.  Dubuque  Female  College 
v.  District  Township  City  of  Dubuque,  13  Iowa,  555.  While  in- 
stances may  occur  in  which  the  interests  of  the  district  will  be 
subserved  by  making  contracts  with  teachers  and  others,  which 
will  not  expire  for  months  after  a  change  of  officers,  courtesy  as 
well  as  justice  dictates  the  impropriety  of  making  contracts 
whose  execution  will  embarrass  successors  in  office.  Ordinarily 
the  new  board  should  make  contracts  for  the  year  during  which 
they  serve. 

(I)  The  force  and  effect  of  any  motion  adopted  by  the  board 
of  directors  does  not  terminate  with  a  change  of  officers  or  mem- 
bers, but  remain  in  force  until  repealed.  Thompson  v.  Linn,  35 
Iowa,  361. 

(m)  A  board  of  directors  may  ratify  or  adopt  such  acts  of  offi- 
cers de  facto  as  the  law  would  permit  officers  dejure  to  perform- 
Dubuque  Female  College  v.  District  Township  City  of  Dubuque, 
13  Iowa,  555. 

(n)  The  board  of  directors  can  authorize  any  person  or  num- 
ber of  persons  to  perform  an  act  which  was  within  the  power  of 
the  board. 

SEC.  1724.  (a)  The  power  to  locate  sites  for  school-houses  is 
vested,  originally,  exclusively  in  the  board  of  directors.  This 
authority  should  be  exercised  with  great  care,  and  without  prej- 
udice ;  and  the  wishes  of  the  people,  for  whom  the  house  is  de- 
signed, should  be  consulted  as  far  as  practicable,  taking  into 
account  the  prospective  as  well  as  the  present  convenience  of 
the  people  of  the  subdistrict. 

(b)  A  site  near  the  center  of  the  subdistrict  should  be  chosen, 
unless  controlling  circumstances  indicate  a  different  selection. 
The  site  should  contain  not  less  than  one  acre  of  ground,  ordi- 
narily. 

(c)  The  power  of  the  board  of  directors  to  fix  the  site  for  a 
school-house  carries  with  it  the  power  to  relocate  that  site.  The 
exercise  of  this  power  is  a  proper  and  necessary  adjunct  of  tho 
power  to  make  alterations  in  the  boundaries  of  the  subdistricts. 
The  extension  of  settlements  frequently  changes  the  centers  of 
population  and  necessitates  a  change  of  subdistricfc  boundaries, 
and  the  removal  of  school-houses  to  central  localities  in  the  new 
subdistricts.  Vance  v.  District  Township  of  Wilton,  23  Iowa,  408. 

(d)  Every  new  site  must  be  selected  on  some  public  highway, 
at  least  forty  rods  from  any  residence,  the  owner  whereof  ob- 
jects to  its  being  placed  nearer,  and  not  in  any  orchard,  garden, 
or  public  park,  except  in  incorporated  towns  or  cities.    Section 


SCHOOL  LAWS  OF  IOWA.  15 

SEC.  1725.     (As  amended  by  Chap.  109,  Laws  of  1876.)  JttJMfl.dtot?ots 

mi  iiiTi  •  i  «i  ii         11        i  i  determine  where 

They  shall  determine  where  pupils  may  attend  school,  and  pupils  shall 
for  this  purpose  may  divide  their  district  into  such  subdis-  attend  BChooL 
tricts  as  may  by  them  be  deemed  necessary;  provided,  that 
no  such  subdistrict  shall  be  created  for  the  accommodation 
of  less  than  fifteen  pupils,  but  the  board  of  directors  shall 
have  power  to  rent  a  room  and  employ  a  teacher  for  the 
accommodation  of  any  five  scholars;  provided  further,  that 
nothing  in  this  chapter  contained  shall  be  construed  to  pro- 
hibit the  construction  of  as  many  school-houses,  out  of 
moneys  derived  from  taxes  levied  previous  to  Jan.  1,  1876, 
in  any  subdistrict  where  the  subdistrict  comprises  the  en- 
tire district  township,  as  shall  have  been,  authorized  and 
provided  for  at  the  annual  meeting  of  the  district  township 
electors. 

1826.  Sites  located  prior  to  April  26, 1870,  when  the  provisions 
of  this  section  took  effect,  are  not  affected  by  its  provisions ;  the 
board  may  rebuild  upon  any  such  sites  still  in  possession  of  the 
district. 

(e)  A  school-house  site,  located  by  the  county  superintendent 
upon  appeal  cannot  be   changed   by  the  board   of  directors, 
until  the  condition  of  the  district  is  materially  changed.    But 
the  fact  that  the  superintendent  has  simply  affirmed  the  action 
of  the  board  in  locating  a  site  does  not  estop  the  board  from  re- 
locating the  site  whenever  the  interests  of  the  district  may  re- 
quire. 

(f)  Since  a  change  of  boundaries  between  subdistricts  does 
not  take  effect  until  the  subdistrict  meeting  in  March,  the  board 
may  not  move  the  school-house  to  accommodate  the  proposed 
new  district  until  after  that  time. 

(g)  As  regards  the  length  of  time  during  which  schools  are  to 
be  taught  in  each  subdistrict,  twenty-four  weeks  is  the  mini- 
muni.    Section  1727.    The  maximum  is  unlimited,  except  as  by 
section  1780,  providing  a  limit  in  the  amount  of  taxes  for  teach- 
ers' fund. 

SEC.  1725.  (a)  All  changes  in  subdistrict  boundaries  must 
be  made  in  conformity  with  the  provisions  of  sections  1738  and 
1796. 

(b)  The  board  cannot  form  a  subdistrict  containing  less  than 
fifteen  persons  of  school  age,  nor  build  a  school-house  for  the 
accommodation  of  a  less  number,  except  in  sub-districts  formed 
prior  to  September  1, 1873,  which  are  not  affected  by  this  pro- 
viso. 

(c)  No  change  can  be  made  by  the  board  which  leaves  any 
subdistrict  with  less  than  fifteen  persons  of  school  age. 

(d)  In  an  organized  subdistrict,  even  though  there  are  not 
fifteen  persons  of  school  age,  a  school  must  be  held,  unless  the 
board  are  excused  by  the  county  superintendent.    The  board 
may  discontinue  a  subdistrict  by  a  re-adjustment  of  boundaries, 
such  change  taking  effect  in  March  following. 


16  SCHOOL  LAWS  OF  IOWA. 

?n?odndBc°.ooiB:       SE°-  1726-     Tliey  mav  establish  graded  or  union  schools 

superintendent,  where ver  they  may  he  necessary,  and  ma}r  select  a  person 

who  shall  have  the  ^general  supervision  of  the  schools  in 

their  district,  subject  to  the  rules  and  regulations  of  the 

board. 

^EC<  ^^'  ^n  eac^  subdistrict  there  shall  be  taught  one 
or  more  schools  for  the  instruction  of  the  youth  between 
the  ages  of  five  and  twenty-one  years,  for  at  least  twenty- 
four  weeks,  of  five  school  days  each,  in  each  year,  unless  the 
county  superintendent  shall  be  satisfied  that  there  is  good 

(e}  All  the  territory  of  a  district  township  must  be  included 
in  some  subdistrict. 

(f)  A  subdistrict  is  not  a  corporate  body  and  has  therefore 
no  financial  claims,  nor  can  it  be  held  liable  for  debts,  except  as 
a  part  of  the  district  township. 

(g)  The  board  cannot  provide  an  extra  school  for  a  less  num- 
ber than  five  persons  of  school  age.    The  words  pupils  and 
scholars,  as  used  in  this  section,  mean  persons  between  the  ages 
of  five  and  twenty-one  years. 

SEC.  1726.  (a)  The  law  does  not  prescribe  the  branches  that 
shall  be  taught  in  the  public  schools,  further  than  to  require  all 
teachers  to  be  qualified  to  teach  certain  branches  enumerated  in 
section  1766.  Boards  of  directors  are  empowered  by  virtue  of 
the  authority  to  establish  graded  schools,  and  of  the  general  su- 
pervisory and  discretionary  powers  with  which  they  are  in  vested, 
to  prescribe  courses  of  study  and  branches  to  be  taught  in  the 
schools  of  their  district.  A  course  of  study  should  be  prescribed 
by  the  board  in  every  district,  to  which  the  electors  may  add 
additional  branches,  as  provided  by  section  1717.  A  graded 
school,  open  to  the  older  and  more  advanced  scholars  from  every 
subdistrict,  may  be  advantageously  established  at  some  central 
point  in  every  district  township. 

(b)  In  the  absence  of  instruction  by  the  electors,  the  board  of 
directors  should  decide  what  branches,  if  any,  besides  those  in 
a  teacher's  examination,  shall  be  taught.    But  it  is  not  within 
the  province  of  individual  parties  to  demand  instruction  out- 
side of  the  branches  usually  taught. 

(c)  If  it  is  understood  that  the  principal  of  a  school  has 
charge  of  other  rooms  besides  his  own,  he  has  the  same  power 
in  managing  the  children  that  is  by  law  given  to  teachers. 

SEC.  1727.  (a)  The  requirements  of  this  section  are  impera- 
tive. A  school  shall  be  taught  in  each  subdistrict,  but  if  the 
county  superintendent  is  fully  satisfied,  after  a  careful  investi- 
gation of  the  facts,  that  it  is  impracticable,  he  may  release  the 
board  of  directors  from  their  obligation.  The  board  of  direc- 
tors may  establish  more  than  one  school  in  a  subdistrict  if  nec- 
essary for  the  accommodation  of  the  children,  subject  to  the 
limitations  contained  in  sections  1725  and  1780. 

(b)  Under  section  1724  the  board  of  directors  have  power  to 
provide  for  a  longer  period  of  school  than  twenty-four  weeks ; 


SCHOOL  LAWS  OF  IOWA.  17 

and  sufficient  cause  for  failure  so  to  do.  Any  person  who 
was  in  the  military  service  of  the  United  States  during  his 
minority  shall  be  admitted  into  the  schools  in  the  subdis- 
trict  in  which  he  may  reside  on  the  same  terms  on  which 
youths  between  the  ages  of  five  and  twenty-one  are  ad- 
mitted. 

SEC.  1728.     The  board  of  directors  of  any  district  town-  change  of 
ship  or  independent  district  shall  not  order,  or  direct,  or  te 
make  any  change  in  the  school  books  or  series  of  text-books 
used  in  any  school  under  their  superintendence,  direction, 

this  increase  of  time  must  apply  alike  to  all  the  subdistricts, 
but  does  not  apply  to  extra  schools  granted. 

(c)  When  two  school-houses  are  within  the  same  district,  or 
subdistrict,  a  school  of  three  months  in  each,  held  at  the  same 
time,  does  not  fulfill  the  requirements  of  the  law,  that  a  school 
of  at  least  twenty-four  weeks  shall  be  taught  in  each  subdis- 
trict. 

(d)  The  school  year  for  school  purposes  should  be  regarded 
as  beginning  on  the  third  Monday  in  March,  when  a  new  board 
of  directors  enter  upon  their  duties. 

(e)  All  the  youth  of  the  state  from  five  to  twenty-one  years 
of  age,  irrespective  of  religion,  race  or  nationality,  are  entitled 
to  the  same  school  facilities.    While  schools  may  be  graded  ac- 
cording to  the  proficiency  of  pupils,  no  discrimination  based  on 
color,  such  for  instance  as  requiring  colored  pupils  to  attend  sep- 
arate schools,  can  be  enforced.    Clark  v.  Independent  District  of 
Muscatine,  24  Iowa,  266. 

(f)  Persons  over  twenty-one  years  of  age  are  not  entitled  to 
the  benefits  of  the  public  school,  except  as  provided  in  the  latter 
part  of  this  section.    If,  however  the  school  is  not  full,  they  and 
non-residents  may  be  admitted,  in  the  discretion  of  the  board, 
upon  such  equitable  terms  as  the  board  may  prescribe.    Children 
under  five  years  of  age  will  be  more  injured  by  the  confinement 
than  benefited  by  the  instruction.    They  cannot  claim  the  ad- 
vantages of  the  school,  and  should  not  be  admitted. 

SEC.  1728.  (a)  This  section  only  implies  the  power  of  the 
board  to  adopt  text-books  for  their  schools,  but  to  avoid  the 
great  variety  of  text-books  used  in  the  schools  and  too  frequent 
changes  of  the  same,  we  think  the  board  should  exercise  their 
authority  by  adopting  text-books,  having  due  regard  to  those  in 
common  use.  See  preface  to  these  laws. 

(b)  The  change  of  any  one  text-book  in  the  school  does  not 
prevent  the  board  from  changing  any  or  all  other  books  at  a 
subsequent  time.     Neither  the  subdirector  nor   teacher   has 
authority  to  change  text-books. 

(c)  The  electors  may  not  vote,  nor  the  board  appropriate, 
money  for  the  purchase  of  text-books  for  the  use  of  the  district. 
The  board  are  not  prohibited  from  buying  text-books  and  selling 
them  to  scholars  at  cost,  if  the  board  choose  to  do  so  upon  their 
own  responsibility. 


18 


SCHOOL  LAWS  OF  IOWA. 


Contingent 
fund :  use  of. 


Temporary 
officers. 


or  control,  more  than  once  in  every  period  of  three  years, 
except  by  a  vote  of  the  electors  of  the  district  township  or 
independent  district. 

SEC.  1729.  They  may  use  any  unappropriated  contingent 
fund  in  the  treasury  to  purchase  records,  dictionaries,  maps, 
charts,  and  apparatus  for  the  use  of  the  schools  of  their  dis- 
trict, but  shall  contract  no  debts  for  this  purpose. 

SEC.  1730.  They  shall  appoint  a  temporary  president 
and  secretary  in  case  of  the  absence  of  the  regular  officers, 
and  shall  fill  any  vacancy  that  may  occur  in  the  office  of 

SEC.  1729.  (a)  Purchases  under  the  provisions  of  this  sec- 
tion, must  be  made  by  order  of  the  board  when  in  session. 

(b)  The  supreme  court,  in  a  recent  ruling,  prohibit  the  use  of 
contingent  fund  for  any  purpose  except  those  mentioned  in  this 
section  and  in  section  1748. 

SEC.  1730.  (a)  A  vacancy  can  be  created  only  by  death,  re- 
moval, resignation,  or  failure  to  elect  at  the  proper  election, 
there  being  no  incumbent  to  continue  in  office.  Code,  section 
781.  A  failure  to  elect  or  to  qualify  does  not  create  a  vacancy, 
for  the  incumbent,  whether  elected  or  appointed,  continues  in 
office  "until  his  successor  is  elected  and  qualified."  Code,  section 
784.  If  the  incumbent  does  not  qualify,  a  vacancy  exists.  Code, 
sections  690  and  686.  Neither  does  a  change  in  the  boundaries  of 
subdistriets  create  a  vacancy ,  for  the  change  does  not  take  effect 
until  the  next  subdistrict  election.  If  a  subdistrict  is  divided, 
so  as  to  form  a  new  one,  the  subdirector  will  continue  to  act  as 
though  no  change  had  been  made,  until  the  expiration  of  his  offi- 
cial term.  Section  1796,  proviso,  and  note ;  also  section  1721  and 
notes. 

(b)  If  a  person  without  the  requisite  qualifications,  is  elected 
a  member  of  the  board  and  acts  with  the  board,  being  a  member 
de  facto,  his  acts  will  be  valid ;  but  when  his  disqualification 
becomes  known,  the  board  should  declare  the  place  vacant  and 
appoint  his  successor. 

(c)  School  directors  may  resign  at  any  time.   .A  verbal  resig- 
nation may  be  tendered  to  the  board  when  in  session,  or  a  writ- 
ten resignation  may  be  handed  to  some  member  ,of  the  board  to 
be  presented  at  a  subsequent  meeting,  for  the  acceptance  of  the 
board.    No  person  can  be  compelled  to  serve  against  his  wishes. 

(d)  When  a  director  habitually  neglects  the  duties  of  his  of- 
fice, he  may  be  compelled  by  mandamus  to  perform  them. 

(e)  Boards  of  directors  have  no  authority  to  remove  any 
member  or  officer  of  the  board.    Such  removal  can  be  made  only 
by  the  courts  as  provided  by  sections  746-750,  Code  of  1873. 

(f)  In  case  the  board  is  reduced  below  a  quorum  by  resigna- 
tion, or  otherwise,  the  township  trustees  should  call  a  special 
election  to  fill  the  vacancies  as  provided  by  section  1714;  see  also 
section  1738. 


SCHOOL  LAWS  OF  IOWA. 

president,  secretary,  or  treasurer,  or  in  the  board  of  direc- 
tors. 

SEC.  1731.  They  shall  require  the  secretary  and  treas- 
urer  to  give  bonds  to  the  district  in  such  penalty  and  with 
such  security  as  they  may  deem  necessary  to  secure  the 
district  against  loss,  conditioned  for  the  faithful  perform- 
ance of  their  official  duties.  The  bonds  shall  be  filed  with 
the  president,  and  in  case  of  a  breach  of  the  conditions 
thereof  he  shall  bring  suit  thereon  in  the  name  of  the  dis- 
trict township  or  independent  district. 

SEC.  1732.     They  shall,  from  time  to  time,  examine  the  Examine  ac- 
accounts  of  the  treasurer  and  make  settlement  with  him ;  £ Sure/, 
and  shall  present,  at  each  regular  meeting  of  the  electors 
of  the  district  township,  a  full  statement  of  the  receipts 
and  expenditures  of   the  district  township,  and  such  other 
information  as  may  be  deemed  important. 

SEC.  1733.     They  shall  audit  and  allow  all   just  claims  Audit  claim*, 
against  the  district,  and  fix  the  compensation  of  the  secre- 

SEC.  1731.  (a)  The  law  requires  all  official  bonds  to  be  se- 
cured by  at  least  two  sureties,  who  are  freeholders,  and  whose 
aggregate  property  is  double  the  amount  of  the  bond ;  the  oath 
of  office  to  be  subscribed  on  the  back  of  the  bond,  or  attached 
thereto,  and  the  sureties  to  make  affidavit  that  they  are  worth 
the  amount  named  in  the  bond.  Code,  sections  249,  250,  675,  and 
679.  As  the  bonds  of  the  secretary  and  treasurer  must  be  ap- 
proved by  the  board,  no  member  should  become  surety  for  these 
officers. 

(b)  Any  officer  whose  duty  it  is  to  give  bonds  for  the  proper 
discharge  of  the  duties  of  his  office,  and  who  neglects  so  to  do, 
is  guilty  of  a  misdemeanor,  and  is  liable  to  a  fine.  See  section 
684,  Code  of  1873. 

(e)  A  board  approving  bonds  which  they  know  to  be  insuffi- 
cient, do  not  discharge  the  duty  incumbent  upon  them,  and  are 
liable  under  section  3965,  Code  of  Iowa,  on  a  charge  of  misde- 
meanor. See  also,  14  Iowa,  510,  and  18  Iowa,  153. 

SEC.  1732.  (a)  The  interests  and  protection  of  the  tax-pay, 
ers  require  that  such  settlement  should  be  made  at  least  twice  a 
year,  and  more  frequently  if  deemed  necessary,  and  the  settle 
ment  at  the  end  of  the  term  requires  that  the  funds  and  prop- 
erty shall  be  produced  and  fully  accounted  for,  and  that  these 
facts  should  be  indorsed  upon  the  bond  of  the  treasurer,  if  he  is 
re-elected.  See  section  690,  Code  of  1873,  as  quoted  in  note  (c)  to 
section  1751,  and  also  preface  to  these  laws. 

(b)  This  section  contemplates  that  a  full  report  of  the  affairs 
of  the  district  shall  be  made  by  the  board  at  each  annual  meet- 
ing of  the  electors.  This  work  appropriately  devolves  upon  the 
president,  unless  the  board  designate  some  other  member.  When 
practicable,  the  report  should  be  published. 

SEC.  1733.  (a)  All  demands,  whether  by  contract  or  other- 
wise, must  be  approved  by  the  board  of  directors  when  in  ses- 


20 


SCHOOL  LAWS  OF  IOWA. 


Visit  schools: 
make  rules: 
discharge 
teachers. 


tary  and  treasurer,  and  no  order  shall  be  drawn  on  the  treas- 
ury until  the  claim  for  which  it  is  drawn  has  heen  audited 
and  allowed. 

SEC.  1734.  They  shall  visit  the  schools  in  their  district, 
and  aid  the  teachers  in  establishing  and  enforcing  the  rules 
for  the  government  of  the  schools,  and  see  that  they  keep 
a  correct  list  of  the  pupils,  embracing  the  periods  of  time 
during  which  they  have  attended  school,  the  branches 
taught,  and  such  other  matters  as  may  be  required  by  the 
county  superintendent.  In  case  a  teacher  employed  in  any 
of  the  schools  of  the  district  township  is  found  to  be  in- 

sion,  before  an  order  can  be  drawn  on  the  district  treasury,  for 
them,  and  no  officer  can  draw  an  order  on  the  treasury,  unless 
he  is  authorized  to  do  so  by  a  vote  of  the  board,  at  a  regular  or 
special  meeting.  It  is  the  duty  of  the  board  to  examine  all  con- 
tracts for  the  employment  of  teachers,  and  the  construction  of 
school-houses,  or  for  any  other  purpose,  and  to  see  that  the 
stipulations  have  been  complied  with,  before  they  authorize  the 
payment  of  money  thereon. 

(b)  The  board  may  authorize  the  president  and  secretary  to 
draw  warrants  for  the  payment  of  teachers'  salaries  at  the  end 
of  each  school  month,  upon  proper  evidence  that  the  service  has 
been  performed,  but  the  order  for  wages  for  the  last  month 
should  not  be  drawn  until  the  report  required  by  section  1760,  is 
filed  in  the -office  of  the  secretary. 

(c)  School  orders  issued  without  a  vote  of  the  board  of  direc- 
tors, or  otherwise  illegally  issued,  although  they  may  be  signed 
by  the  president  and  countersigned  by  the  secretary,  are  not 
binding  upon  the  district ;  neither  can  they  acquire  validity  by 
being  transferred  to  third  parties.    If  illegal  when  issued,  they 
are  illegal  forever.    19  Iowa,  199  and  248. 

(d)  Only  the  secretary  and  treasurer  can  receive  compensa- 
tion for  the  discharge  of  duties  required  by  law.    Section  1738. 

SEC.  1734.  (a)  Boards  of  directors  have  entire  control  of  the 
public  schools  of  their  district  and  the  teachers  employed  there- 
in. The  board  may  establish  such  rules,  and  regulations  for  the 
government  of  teachers  and  pupils,  not  inconsistent  with  law,  as 
the  interests  of  the  schools  require.  The  teacher  is  the  agent  of 
the  board,  and  the  rules  made  and  enforced  by  the  teacher  with 
either  the  formal  or  tacit  consent  of  the  board,  are  in  effect  the 
rules  of  the  board.  It  is  the  duty  of  the  teacher,  under  the  di- 
rection of  the  board,  to  determine  what  branches  shall  be  pur- 
sued by  each  pupil. 

(b)  Without  special  mention  in  the  teacher's  contract,  it  is 
understood  that  only  the  common  branches  are  expected  to  be 
taught. 

(c)  It  is  competent  for  boards  of  directors  to  provide  by  rules 
that  pupils  may  be  suspended  from  the  schools  in  case  they  shall 
be  absent  or  tardy  a  certain  number  of  times  within  a  fixed  period, 
except  for  sickness,  or  other  unavoidable  cause. 


SCHOOL  LAWS  OF  IOWA. 


21 


competent,  or  is  guilty  of  partiality  or  dereliction  in  the 
discharge  of  his  duties,  or  for  any  other  sufficient  cause 
shown,  the  board  of  directors  may,  after  a  full  and  fair  in- 
vestigation of  the  facts  of  the  case,  at  a  meeting  convened 
for  the  purpose,  at  which  the  teacher  shall  be  permitted  to 
be  present  and  make  his  defense,  discharge  him. 

SEC.  1735.     The  majority  of  the  board  in  independent  Pupils  in 
districts  shall  have  power,  with  the  concurrence  of   the  tric 
president  of   the  board  of  directors,  to  dismiss  or  suspend  or  suspended, 
any  pupils  from  the  school  in  their  district  for  gross  im- 
morality or  for  a  persistent  violation  of  the  regulations  or 
rules  of  the  school,  and  to  re-admit  them  if  they  deem  it 
proper  so  to  do. 

SEC.  1736.     They  shall  at  their  regular  meeting  in  March  certificate  of 
of  each  year,  require  the  secretary  to  file  with  the  county  ^flied0*  °ffl" 
superintendent,  county  auditor,  and  county  treasurer,  each, 
a  certificate  of  the  election,  qualification,  and  post-office  ad- 
dress of  the  president,  treasurer,  and  secretary  of  the  dis- 
trict township,  and  to  advise  them  from  time  to  time  of  any 
changes  made  in  said  offices  by  appointment. 

SEC.  1737.     They  shall  make  such  rules  and  regulations  Rules  for  gov- 
as  may  be  necessary  for  the  direction  and  restriction  of  sub-  mre™o°8.°f  * 

If  the  effects  of  acts  done  out  of  school-houses  reach  within 
the  school  room  during  school  hours,  and  are  detrimental  to  good 
order  and  the  best  interests  of  the  pupils,  it  is  evident  that  such 
acts  may  be  forbidden.  Burdick  &  Chandler  v.  Babcock,  et  al., 
31  Iowa,  562. 

(d)  Boards  of  directors  can  dismiss  teachers  only  for  good 
cause  shown.    In  case  the  board  pass  an  order  to  dismiss,  the 
material  reason  therefor  should  be  spread  upon  the  record ;  for, 
while  in  case  of  contest,  these  reasons  would  not  be  conclusive 
against  the  teacher,  the  board  would  be  estopped  from  presenting 
other  reasons  than  those  named  in  the  record.    Neville  v.  School 
Directors,  36  111.,  71.    When  a  teacher  is  unjustly  dismissed,  an 
appeal  may  be  taken  from  the  action  of  the  board  in  dismissing 
him,  but  a  suit  at  law  must  be  brought,  if  he  seeks  to  recover 
his  pay  upon  the  contract.    The  teacher  can  be  paid  only  to  the 
date  of  legal  dismissal. 

(e)  In  the  trial  of  a  teacher,  when  it  is  sought  to  dismiss  him» 
all  the  provisions  of  section  1734  must  be  strictly  complied  with. 
The  board  may  not  prevent  the  teacher  from  making  a  full  de- 
fense, and  the  teacher  may  appear  by  attorney,  or  otherwise,  as 
he  chooses.    See  preface  to  these  laws. 

SEC.  1736.  It  is  very  important  that  the  secretary  should  file 
the  certilicate  with  the  county  officers  named,  immediately  after 
the  regular  meetings  of  the  board  in  March  and  September, 
otherwise  the  funds  belonging  to  the  district  may  be  paid  to 
persons  not  authorized  to  receive  them.  Whenever  a  change  is 
made,  the  county  officers  should  be  notified. 

SEC.  1737.  These  rules  should  be  carefully  prepared  and 
adopted  by  the  board  and  recorded,  and  each  subdirector  should 


22  SCHOOL  LAWS  OF  IOWA. 

directors  in  the  discharge  of  their  official  duties,  and  not 
inconsistent  with  law. 

Quorum.  gEO.  1738.     A  majority  of  the  board  of  directors  shall  be 

a  quorum  to  transact  business,  but  a  less  number  may  ad- 
journ from  time  to  time,  and  no  tax  shall  be  levied  by  the 
board  after  the  third  Monday  in  May;  nor  shall  the  bound- 
aries of  subdistricts  be  changed  except  by  a  vote  of  the  ma- 
No  pay  for  offl-  jority  of  the  board,  nor  shall  the  members  of  the  board, 
dai  services,      except  its  secretary  and  treasurer,  receive  pay  out  of  any 
school  funds  for  services  rendered  under  this  chapter. 

PRESIDENT. 

SdetowdnSS  ^Ea  1139.  l^e  president  shall  preside  at  all  meet- 
sign'  orders?  '  ings  of  the  board  of  directors  and  of  the  district  township; 
shall  draw  all  drafts  on  the  county  treasury  for  money  ap- 
portioned to  his  district;  sign  all  orders  on  the  treasury, 
specifying  in  the  order  the  fund  on  which  it  is  drawn,  and 
the  use  for  which  the  money  is  appropriated,  and  shall  sign 
all  contracts  made  by  the  board. 

be  furnished  with  a  copy.  These  rules  and  regulations  may 
properly  provide  all  restrictions  not  in  conflict  with  law,  which 
the  board  see  fit  to  adopt  for  the  guidance  of  subdirectors. 
They  inay  provide  that  a  subdirector  may  not  teach  his  own 
school ;  that  no  contracts  shall  be  made  by  him  which  do  not 
expire  with  the  school  year ;  and  that  he  may  not  engage  a  near 
relative  as  teacher  unless  he  has  obtained  the  previous  consent 
of  a  majority  of  the  board ;  nor  employ  any  teacher  to  whom  a 
majority  of  the  electors  or  patrons  object  in  writing.  See  preface 
to  these  laws. 

SEC.  1738.  (a)  As  to  the  proper  course  to  pursue  when  the 
board  is  reduced  below  a  quorum,  see  note  (/)  to  section  1730. 

(b)  A  change  of  district  boundaries  is  illegal  and  void,  unless 
made  by  a  majority  of  the  whole  board. 

(c)  Any  compensation  paid  to  any  other  member  of  the  board 
than  the  secretary  and  treasurer,  for  the  performance  of  official 
duties,  is  in  direct  opposition  to  the  law,  and  an  open  violation 
of  the  oath  of  office.    For  locating  sites,  or  receiving  buildings 
on  the  completion  of  contracts,  they  clearly  cannot  receive  pay. 

SEC.  1739.  (a)  The  president  of  the  board  should  take  the 
oath  of  office  according  to  article  11,  section  5,  of  the  Constitu- 
tion of  Iowa. 

(6)  The  president  has  the  right  to  vote  on  all  questions  coming 
before  the  board.  If  by  such  vote  a  tie  is  produced,  the  motion 
is  lost.  Sections  1721  and  1802,  notes. 

(c)  The  president  can  draw  no  order  on  the  district  treasury 
except  by  authority  of  the  board  of  directors.    Section  1733  and 
notes,  also  section  1741,  notes,  (e)  and  (/). 

(d)  The  president  should  not  act  as  secretary  or  treasurer  of 
the  board.    In  the  absence  of  the  president,  or  when  he  refuse's 
to  discharge  the  proper  duties  of  his  office,  a  temporary  president 
may  be  appointed,  who  during  the  time  he  is  acting  as  president, 


.  SCHOOL  LAWS  OF  IOWA.  23 

SEC.  1740.  He  shall  appear  in  behalf  of  his  district  in  gfcptre8ent  di8' 
all  suits  brought  by  or  against  the  same,  but  when  he  is  in- 
dividually a  party,  this  duty  shall  be  performed  by  the  secre- 
tary; and  in  all  cases  where  suits  may  be  instituted  by  or 
against  any  of  the  school  officers  to  enforce  any  of  the  pro- 
visions herein  contained,  counsel  may  be  employed  by  the 
board  of  directors. 

SECRETARY. 

SEC.  1741.     The  secretary  shall  record  all  the  proceed-  Record  proceed- 
ings of  the  board  and  district  meetings  in  separate  books  Ufn'  X""' 
kept  for  that  purpose;  shall  preserve  copies  of  all  reports  order8- 
made  to  the  county  superintendent;  shall  file  all  papers 
transmitted  to  him  pertaining  to  the  business  of  the  dis- 
trict; shall  countersign  all  drafts  and  orders  drawn  by  the 
president,  and  shall  keep  a  register  of  all  orders  drawn  on 
the  treasury,  showing  the  number  of  the  order,  date,  name 
of  the  person  in  whose  favor  drawn,  the  fund  on  which  it 
is  drawn,  for  what  purpose  and  the  amount;  and  shall,  from 
time  to  time,  furnish  the  treasurer  with  a  transcript  of  the 
same. 

may  sign  orders  and  contracts,  and  do  all  other  acts  proper  to  be 
done  by  the  president,  but  is  not  authorized  to  act,  except  when 
the  board  is  in  session. 

(e)  The  failure  of  an  officer  to  attach  his  official  title  to  his 
signature,  will  not  affect  the  instrument  so  far  as  the  district  is 
concerned ;  provided,  the  writing  was  authorized,  and  made  for 
the  district,  and  this  fact  can  be  shown. 

(/)  An  order  of  the  board  cannot  be  considered  as  officially 
transmitted,  unless  signed  by  the  president,  as  well  as  by  the 
secretary. 

SEC.  1740.  (a)  The  expenses  in  suits  provided  for  by  this 
section  should  be  paid  from  the  contingent  fund. 

(b)  "Appeals  to  the  county  superintendent  or  superintendent 
of  public  instruction,  are  not  suits  brought  by  or  against  the 
district  township,  and  they  are  not  suits  brought  by  or  against 
any  of  the  school  officers,  within  the  meaning  of  the  law,  and 
no  charge  can  be  made  against  the  district  township  for  attor- 
ney's fees."  Templin  &  Son  v.  District  Township  of  Fremont, 
36  Iowa,  411. 

SEC.  1741.  (a)  It  is  essential  that  the  record  of  the  proceed- 
ings of  the  board  and  district  meetings  should  be  properly  kept. 
Every  transaction  should  be  carefully  noted,  and  the  proceedings 
should  be  read  and  approved.  The  registry  of  orders  is  also  ah 
important  matter.  Every  order  drawn  should  be  promptly 
reported  to  the  district  treasurer,  as  he  has  no  other  means  of 
determining  the  amount  of  outstanding  orders,  otherwise  he 
cannot  comply  with  the  law  requiring  him  to  make  partial  pay- 
ments. Sec.  1748,  and  Form  No.  6. 

(b)  The  secretary  is  the  custodian  of  the  order-book.  He 
makes  the  orders  which  the  president  afterward  signs. 


24  SCHOOL  LAWS  OF  IOWA. 

meetings.06  °f  SE.C-  174:2'  ?e  sliall  give  ten  d^s'  previous  notice  of  the 
district  township  meeting  by  posting  a  written  notice  in  five 
conspicuous  places  therein,  one  of  which  shall  be  at  or  near 
the  last  place  of  meeting,  and  shall  furnish  a  copy  of  the 
same  to  the  teacher  of  each  school  in  session,  to  be  read  in 
the  presence  of  the  pupils  thereof,  and  such  notice  shall,  in 
all  cases,  state  the  hour  of  meeting. 

Ke«p  accounts.  gBa  1743  jje  snan  keep  an  accurate  account  of  all  the 
expenses  incurred  by  the  district,  and  shall  present  the  same 
to  the  board  of  directors,  to  be  audited  and  paid  as  herein 
provided. 

SEC.  1T44.  He  shall  notify  the  county  superintendent 
when  each  school  of  the  district  begins,  and  its  length  of 
term. 

SEC.  1745.  (As  amended  by  Chap.  112,  Laws  of  1876.) 
Between  the  fifteenth  and  twentieth  days  of  September  in 
each  year,  the  secretary  of  each  school  district  shall  file  with 

(c)  Public  records  are  public  property,  and  they  are  open  to 
inspection  at  any  time  by  any  citizen     No  public  officer  can 
refuse  examination  of  the  records ;  but  he  is  their  custodian,  and 
being  charged  with  their  safe-keeping,  he  must  keep  them  in  his 
possession. 

(d)  The  failure  of  the  secretary  to  record  all  the  proceedings 
of  the  board  and  of  district  meetings  in  separate  books,  kept  for 
that  purpose,  will  not  render  the  proceedings  void.    Higgins  v. 
Reed  et  al.y  8  Iowa,  298. 

(e)  The  secretary,  president  and  treasurer  must  conform  to 
the  instructions  of  the  board  so  far  as  those  instructions  are  in 
accordance  with  law,  but  they  should  not  obey  the  board  when 
directed  to  do  an  illegal  act. 

(f)  If  the  board  appropriate  money  to  pay  their  members, 
other  than  the  secretary  and  treasurer,  or  for  any  other  illegal 
purpose,  the  president  and  secretary  should  refuse  to  sign  the 
order,  and,  if  drawn,  the  treasurer  should  refuse  to  pay  it. 

(g)  The  secretary  should  not  act  as  president  or  treasurer. 
SEC.  1742.    See  sections  1718  and  1719,  and  notes. 

SEC.  1743.  The  secretary  is  also  required  to  keep  an  account 
current  with  the  district  treasurer,  as  provided  by  section  1782. 

SEC.  1744.  This  will  aid  the  county  superintendent  in  plan- 
ning his  work  of  visitation,  provided  for  in  section  1774.  The 
name  of  the  teacher  should  also  be  given. 

SEC.  1745.  (a)  The  blanks  for  the  annual  report  of  the  sec- 
retary are  furnished  by  the  state,  through  county  superintend- 
ents. The  secretary  should  record  the  report,  required  by  this 
section,  in  the  district  records.  If  a  copy  of  the  report  is  simply 
filed  in  his  office,  it  is  liable  to  be  destroyed  or  mislaid,  which 
may  prove  detrimental  to  the  interests  of  the  district. 

(b)  In  districts  formed  of  parts  of  two  or  more  counties,  the 
secretary  should  make  the  annual  report  to  the  superintendent 
of  the  county  in  which  a  majority  of  the  children  reside.  This 


SCHOOL  LAWS  OF  IOWA.  25 

the  county  superintendent  a  report  of  the  affairs  of  the  dis- 
trict, which  shall  contain  the  following  items: 

1.  The  number  of  persons,  male  and  female,  each,  in  his 
district,  between  the  ages  of  five  and  twenty-one  years; 

2.  The  number  of  schools,  and  the  branches  taught; 

3.  The  number  of  pupils,  and  the  average  attendance  of 
the  same  in  each  school; 

4.  The  number  of  teachers  employed,  and  the  average 
compensation   paid  per  week,  distinguishing  males  from 
females; 

5.  The  length  of  school  in  days  and  the  average  cost  of 
tuition  per  week  for  each  pupil; 

6.  The  text-books  used,  and  the  number  of  volumes  in 
the  district  library,  and  the  value  of  apparatus  belonging  to 
the  district; 

7.  The  number  of   school-houses,  and  their  estimated 
value; 

8.  The  name,  age,  and  post-office  address  of  each  deaf 
and  dumb,  and  each  blind  person  within  his  district  between 
the  ages  of  five  and  twenty-one,  including  all  who  are  deaf 
and  dumb  to  such  an  extent  as  to  be  unable  to  obtain  an 
education  in  the  common  schools. 

SEC.  1746.     Should  the  secretary  fail  to  file  his  report,  as  Penalty  for  fail- 
above  directed,  he  shall  forfeit  the  sum  of  twenty-five  dollars  U1 
and  shall  make  good  all  losses  resulting  from  such  failure, 
and  suit  shall  be  brought  in  both  cases  by  the  district  on  his 
official  bond. 

TREASURER. 

SEC.  1747.    The    treasurer    shall  hold   all   moneys   be-  *»y  ordew. 
longing  to  the  district,  and  pay  out  the  same  on  the  order 
o£  the  president,  countersigned  by  the  secretary,  and  shall 
keep  a  correct  account  of  all  expenses  and  receipts  in  a  book 
provided  for  that  purpose. 

report  should  not  embrace  those  children  who  reside  in  portions 
of  the  district  lying  in  other  counties.  The  remaining  number 
of  children  should  be  reported  by  the  secretary  to  the  superin- 
tendents of  their  respective  counties. 

(c)  In  independent  districts,  it  is  the  duty  of  the  secretary  of 
the  Doard  to  take  the  annual  school  enumeration  required  by  the 
first  clause  of  this  section,  unless  the  board  assign  the  duty  to 
another  person;  in  such  case,  proper  compensation  should  be 
given  for  the  work  required. 

SEC.  1746.  In  case  the  subdirectors  fail  to  make  their  annual 
reports,  as  required  by  section  1755,  the  secretary  should  collect 
the  statistics  necessary  for  a  complete  report.  The  board  of  di- 
rectors should  give  the  secretary  a  suitable  compensation  for  his 
labor.  Sec.  1733. 

SEC.  1747.  (a)  The  language  of  this  section  is  very  explicit. 
It  makes  the  treasurer  the  custodian  of  all  moneys  belonging  to 
the  district,  which  effectually  precludes  the  idea  of  dividing  the 
4 


26  SCHOOL  LAWS  OF  IOWA. 

Different  fnmds:  SEC.  1748.  The  money  collected  by  district  tax  for  the 
m"nteoSa6V-  erection  of  school-houses  and  for  the  payment  of  debts  con- 
*«*•-  tracted  for  the  same,  shall  be  called  the  "school-house  fund" ; 

that  designed  for  rent,  fuel,  repairs,  and  all  other  con- 
tingent expenses  necessary  for  keeping  the  schools  in 
operation,  the  "contingent  fund";  and  that  received  for  the 
payment  of  teachers,  the  "teachers'  fund";  and  the  district 
treasurer  shall  keep  with  each  fund  a  separate  account,  and 
shall  pay  no  order  which  does  not  specify  the  fund  on  which 
it  is  drawn,  and  the  specific  use  to  which  it  is  applied.  If 
he  have  not  sufficient  funds  in  his  hand  to  pay  in  full  the 

money  belonging  to  any  particular  fund  among  the  subdistricts. 
He  can  pay  it  out  only  on  the  order  of  the  president,  counter- 
signed by  the  secretary,  and  the  president  can  draw  no  order 
unless  he  is  authorized  to  do  so  by  the  board  of  directors.  Sec- 
tion 1733,  and  notes  to  same ;  also  section  1741,  notes  (e)  and  (f). 

Cb)  Neither  the  electors  nor  the  board  of  directors  can 
authorize  the  treasurer  to  loan  money  belonging  to  the  district. 

(c)  "  If  any  state,  county,  township,  school  or  municipal  offi- 
cer, or  officer  of  any  state  institution,  or  other  public  officer 
within  the  state,  charged  with  the  collection,  safe-keeping,  trans- 
fer, or  disbursement  of  public  money,  fails  or  refuses  to  keep  in 
any  place  of  deposit  that  may  be  provided  by  law  for  keeping 
such  money,  until  the  same  is  withdrawn  therefrom  upon  war- 
rants issued  by  the  proper  officer,  or  deposits  such  money  in  any 
other  place  than  in  such  safe,  or  unlawfully  converts  to  his  own 
use  in  any  way  whatever,  or  use  by  way  of  investment  in  any 
kind  of  property,  or  loan  without  the  authority  of  law  any  por- 
tion of  the  public  money  entrusted  to  him  for  collection,  safe- 
keeping, transfer,  or  disbursement,  or  converts  to  his  own  use 
any  money  that  may  come  into  his  hands  by  virtue  of  his  office, 
shall  be  guilty  of  embezzlement  to  the  amount  of  so  much  of 
said  money  as  is  thus  taken,  converted,  invested,  used,  loaned,  or 
unaccounted  for,  and  upon  conviction  thereof,  he  shall  be  im- 
prisoned in  the  penitentiary  not  exceeding  five  years,  and  fined 
in  a  sum  equal  to  the  amount  of  money  embezzled,  and,  more- 
over, is  forever  after  disqualified  from  holding  any  office  under 
the  laws  or  constitution  of  this  state."  Code,  section  3908. 

SEC.  1748.  (a)  Minor  improvements,  such  as  the  erection  of 
ordinary  outhouses,  fences,  etc.,  may  be  paid  from  either  the 
contingent  fund  or  school-house  fund.  Ordinary  repairs  should 
be  charged  to  the  contingent  fund ;  but  when  such  repairs  as- 
sume the  magnitude  of  a  rebuilding,  or  of  an  extensive  addi- 
tion, they  should  be  charged  to  the  school-house  fund. 

(b)  The  original  cost  of  seating  school-houses  should  be  paid 
from  the  school-house  fund.  The  law  does  not  authorize  the 
use  of  the  contingent  fund  for  the  erection  or  completion  of 
school -houses,  but  when  a  house  needs  reseating  or  other  repairs, 
the  cost  may  be  defrayed  either  from  the  contingent  fund,  or 
from  any  unappropriated  school-house  fund  in  the  treasury. 


SCHOOL  LAWS  OF  IOWA.  27 

warrants  drawn  on  the  funds  specified,  he  shall  make  a 
partial  payment  thereon,  paying  as  near  as  may  be  an  equal 
proportion  of  each  warrant. 

SEC.  1749.     He  shall  receive  all  moneys  apportioned  to  Receive 
the  district  township  by  the  county  auditor,  and  also  all  t?oTe!ftopd£r~ 
money  collected  by  the  county  treasurer  on  the  district trict- 
school  tax  levied  for  his  district. 

SEC.  1750.     He  shall  register  all  orders  on  the  district  Register  orders, 
treasury  reported  to  him  by  the  secretary,  showing  the 
number  of  the  order,  date,  name  of  the  person  in  whose 
favor  drawn,  the  fund  on  which  it  was  drawn,  for  what 
purpose,  and  the  amount. 

SEC.  1751.    (As  amended  by  Chap.  112,  Laws  of  1876.)  Treasurer  to 
He  shall  render  a  statement  of  the  finances  of  the  district 
from  time  to  time,  as  may  be  required  by  the  board  of 
directors,  and  his  books  shall  always  be  open  for  inspection. 

(c)  Since  the  board  of  directors  receive  no  pay  for  their  ser- 
vices, if  they  subscribe  for  any  journal  containing  the  official 
rulings  and  decisions  of  this  department  to  aid  them  in  their 
work,  we  think  they  have  a  right  to  pay  for  the  same  from  the 
contingent  fund. 

(d)  Boards  of  directors  have  no  authority  to  transfer  money 
from  one  fund  to  another,  even  temporarily,  unless  they  are 
authorized  under  section  1717^  to  transfer  from  the  school- 
house  fund  to  either  of  the  other  funds. 

(e)  The  teachers'  fund  should  not  be  divided  among  the  sub- 
districts,  neither  equally  nor  according  to  the  number  of  children* 
nor  upon  any  other  basis.    This  fund  can  be  paid  out  only  to 
teachers  for  services  performed,  upon  orders  authorized  by  the 
board  of  directors.    The  board  should  limit  the  compensation  to 
be  paid  teachers,  according  to  the  circumstances  and  wants  of 
each  subdistrict. 

SEC.  1749.    See  section  1784. 

SEC.  1750.  The  register  provided  for  in  this  section  is  indis- 
pensable to  the  treasurer,  under  the  law  requiring  him  to  make 
partial  payments  on  orders,  when  he  has  not  funds  sufficient  to 
pay  them  in  full;  section  1748.  It  is  essential  that  he  should 
'  know  the  exact  amount  of  outstanding  orders,  and  for  this  reason 
the  secretary  is  required  to  report  to  him  all  orders  drawn  o;n 
the  district  treasury.  Section  1741,  and  note  (a),  and  Form  No. 
16. 

SEC.  1751.  (a)  The  blanks  for  the  annual  report  of  the  treas- 
urer are  furnished  by  the  state,  through  county  superintendents. 
The  reports  should  be  made  according  to  Form  20. 

(b)  The  treasurer  is  responsible  for  all  moneys  coming  into 
his  hands  by  virtue  of  his  office,  even  if  stolen  or  destroyed  by 
fire.  The  board  have  no  authority  to  release  him,  unless  he  ac- 
counts in  full  for  all  moneys  received  by  virtue  of  his  office. 
District  Township  of  Taylor  v.  Morton,  37  Iowa,  550 ;  District 
Township  of  Union  v.  Smith,  39  Iowa,  9. 


28  SCHOOL  LAWS  OF  IOWA. 

He  shall  make  to  the  board,  on  the  third  Monday  in  Sep- 
tember, a  full  and  complete  annual  report,  embracing: 

1.  The  amount  of  teachers'  fund  held  over,  received, 
paid  out,  and  on  hand. 

2.  The  amount  of  contingent  fund  held  over,  received, 
paid  out,  and  on  hand. 

3.  The  amount  of  school-house  fund  held  over,  received, 
paid  out,  and  on  hand. 

Penalty  for  He  shall  immediately  file  a  copy  of  said  report  with  the 

county  superintendent,  and  for  failure  to  file  said  report  he 
shall  forfeit  the  sum  of  twenty-five  dollars,  to  be  recovered 
by  suit  brought  by  the  district,  on  his  official  bond. 

SUBDIRECTOR. 

SEC.  1752.  Each  subdirector  shall,  on  or  before  the  third 
Monday  in  March  following  his  election,  appear  before 
some  officer  qualified  to  administer  oaths,  and  take  an  oath 
to  support  the  constitution  of  the  United  States  and  that 
of  the  state  of  Iowa,  and  that  he  will  faithfully  discharge 
the  duties  of  his  office,  and  in  case  of  failure  to  qualify  his 
office  shall  be  deemed  vacant. 

(c)  "  SEC.  690.  When  the  incumbent  of  an  office  is  re-elected- 
he  shall  qualify  as  above  directed ;  but  when  the  re-elected  officer 
has  had  public  funds  or  property  in  his  control,  under  color  of  his 
office,  his  bond  shall  not  be  approved  until  he  has  produced  and 
fully  accounted  for  such  funds  and  property  to  the  proper  person 
to  whom  he  should  account  therefor ;  and  the  officer  or  board  ap- 
proving the  bond  shall  indorse  upon  the  bond,  before  its  ap- 
proval, the  fact  that  the  said  officer  has  fully  accounted  for  and 
produced  all  funds  and  property  before  that  time  under  his  con- 
trol as  such  "officer ;  and  when  it  is  ascertained  that  the  incum- 
bent holds  over  another  term  by  reason  of  the  non-election  of  a 
successor,  or  for  the  neglect  or  refusal  of  the  successor  to  qualify, 
he  shall  qualify  anew  within  a  time  to  be  fixed  by  the  officer 
who  approves  of  the  bonds  of  such  officers." 

SEC.  1752.  (a)  In  case  a  subdirector  elect  fails  to  qualify, 
the  vacancy  thus  created  is  filled  by  his  predecessor,  who  holds 
over  another  year,  and  should  renew  his  oath  of  office.  As  soon 
as  it  is  ascertained  that  he  holds  over,  he  may  be  required  to 
qualify  within  a  time  to  be  prescribed  by  the  board.  See  section 
690,  Code,  also  note  (a)  to  section  1730. 

(b)  Any  school  director  or  director  elect  is  authorized  to  ad- 
minister to  any  school  director  elect  the  official  oath  required  by 
law,  but  the  secretary  cannot  administer  this  oath  unless  he  is  a 
member  of  the  board,  a  magistrate,  or  notary  public. 

(c)  If  a  person  is  elected  as  his  own  successor  and  fails  to 
qualify  by  the  third  Monday  in  March,  a  vacancy  exists  which 
should  be  filled  by  appointment. 


SCHOOL  LAWS  OF  IOWA.  29 

SEC.  1753.     The  subdirectory  under  such  rules  and  re-  Employ  teach- 
strictions  as  the  board  of  directors  may  prescribe,  shall  pa*rsnontro~i 
negotiate  and  make  in  his  subdistrict  all  necessary  contracts  school-house, 
for  providing  fuel  for  schools,  employing  teachers,  repair- 
ing and  furnishing  school-houses,  and  for  making  all  other 
provisions  necessary  for  the  convenience  and  prosperity  of 
the  schools  within  his  subdistrict,  and  he  shall  have  the 
control  and  management  of  the  school-house  unless  other- 
wise ordered  by  a  vote  of  the  district  township  meeting. 
All  contracts  made  in  conformity  with  the  provisions  of 
this  section  shall  be  approved  by  the  president  and  reported 
to  the  board  of  directors,  and  said  board,  in  their  corporate 
capacity,  shall  be  responsible  for  the  performance  of  the 
same  on  the  part  of  the  district  township. 

SEC.  1753.  (a)  The  subdirector  is  clothed  with  certain  gen. 
eral  powers  by  this  section,  but  these  are  to  be  exercised  under 
the  direction  of  the  board.  The  board  may  restrict  him,  for  ex- 
ample, as  to  when  he  shall  employ  teachers,  for  how  long  a  time, 
at  what  compensation,  and  even  whom  he  shall  employ ;  the  ex- 
tent of  repairs,  and  prices  paid  for  same;  and  the  amount  and 
cost  of  fuel.  Thompson  v.  Linn,  35  Iowa,  361.  See  note  to  sec- 
tion 1737,  and  preface  to  these  laws. 

(b)  "  When  a  teacher  or  other  person  is  about  to  enter  into  a 
contract  with  a  subdirector,  he  knows  that  he  is  dealing  with  a 
public  agent  whose  powers  are  subject  to  regulations  and  restric- 
tion by  the  board ;  he  is  bound  to  know  what  these  rules  and 
restrictions  are,  and  should  be  governed  accordingly."    Ib. 

(c)  The  district  township  is  bound  by  the  contract  of  a  sub- 
director,  when  made  according  to  instructions  by  the  board.    35 
Iowa,  361. 

(d)  The  president  can  be  compelled  by  mandamus  to  give 
his  approval  of  a  contract  made  in  accordance  with  a  vote  of  the 
board. 

(e)  The  board  may  pass  a  resolution  that  teachers  shall  re- 
ceive their  pay  monthly,  upon  the  certificate  of  the  subdirector, 
or  of  a  committee  of  the  board,  that  the  required  time  has  been 
taught. 

(f)  The  board  should  regulate  the  compensation  of  teachers 
in  the  several  subdistricts,  authorizing  the  payment  of  such 
wages  in  each  as  will  enable  the  subdirectors  to  secure  teachers 
qualified  to  teach  and  govern  their  respective  schools. 

(g)  Each  subdirector  has  exclusive  control  of  the  school 
house  in  his  subdistrict,  unless  the  district  township  meeting 
has  otherwise  ordered. 

(h)  Special  powers  delegated  to  the  subdirector  by  the  law, 
as,  for  instance,  the  control  of  the  school-house  in  his  own  sub- 
district  (section  1753),  and  the  right  to  determine  whether  schol- 
ars may  attend  from  or  in  an  adjoining  subdistrict  (section  1795), 
cannot  oe  assumed  by  the  board. 

(i)  It  is  proper  to  permit  the  use  of  school-houses  for  the 
purpose  of  public  worship  on  Sunday,  or  for  religious  services, 


30 


SCHOOL  LAWS  OF  IOWA. 


Make  list  of 
heads  of  fam- 
ilies and  chil- 
dren. 


Report  to 
secretary. 


Dismiss  pupils 
with  concur- 
rence of  presi- 
dent. 


SEC.  1754.  He  shall,  between  the  first  and  tenth  days  of 
September  of  each  year,  prepare  a  list  of  the  names  of  the 
heads  of  families  in  his  subdistrict,  together  with  the  num- 
ber of  children  between  the  ages  of  five  and  twenty-one 
years,  distinguishing  males  from  females,  and  shall  record 
the  same  in  a  book  kept  for  that  purpose. 

SEC.  1755.  He  shall,  between  the  tenth  and  fifteenth 
days  of  September  of  each  year,  report  to  the  secretary  of 
the  district  township,  the  number  of  persons  in  his  subdis- 
trict between  the  ages  of  five  and  twenty-one  years,  distin- 
guishing males  from  females. 

SEC.  1756.  He  shall  have  power,  with  the  concurrence 
of  the  president  of  the  board  of  directors,  to  dismiss  any 
pupil  from  the  schools  in  his  subdistrict  for  gross  immor- 
ality, or  for  persistent  violation  of  the  regulations  of  the 
school,  and  to  re-admit  them,  if  he  deems  proper  so  to  do; 
and  shall  visit  the  schools  in  his  subdistrict  at  least  twice 
during  each  term  of  said  school. 

public  lectures  on  moral  or  scientific  subjects,  or  meetings  on 
questions  of  public  interest,  on  the  evenings  of  the  week,  or  at 
any  time  when  such  use  will  not  interfere  with  the  regular  prog- 
ress of  the  school.  Townsend  v.  Hagan  et  al.,  35  Iowa,  194. 

(j)  The  subdirector  in  district  townships,  or  the  board  in  in- 
dependent districts,  should  require  from  parties  desiring  the  use 
of  the  school-house,  security  for  its  proper  use,  and  its  protection 
from  other  injury  than  natural  wear. 

(k)-  The  use  of  a  public  school  building  for  Sabbath-schools, 
religious  meetings,  debating  clubs,  temperance  meetings,  and 
the  like,  is  proper.  Especially  is  this  so,  where  abundant  pro- 
vision is  made  for  securing  any  damages  which  the  tax-payer 
may  suffer  by  reason  of  the  use  of  the  house  for  the  purposes 
named.  The  use  of  a  school-house  for  such  purpose,  when  so 
authorized,  is  not  prohibited  by  section  3,  article  1,  of  the  consti- 
tution. See  60  Iowa,  11. 

(I)  "If  any  person  willfully  write,  make  marks,  or  draw 
characters  on  the  walls  or  any  other  part  of  any  church,  college, 
academy,  school-house,  court-house,  or  other  public  building ;  or 
willfully  injure,  or  deface  the  same,  or  any  wall  or  fence  inclos- 
ing the  same,  he  shall  be  punished  by  fine  not  exceeding  one 
hundred  dollars;  or  by  imprisonment  in  the  county  jail  not  more 
than  thirty  days."  Section  3986,  Code. 

SEC.  1755.  The  failure  of  subdirectors  to  make  their  reports, 
as  required  by  this  section,  will  reduce  the  semi-annual  appor- 
tionments for  the  year,  since  they  are  made  upon  the  enumera- 
tion of  persons  of  school' age. 

SEC.  1756.  (a)  The  law  does  not  provide  that  the  board  of 
directors  are  compelled  to  give  scholar  or  parents  notice  or 
chance  for  defense,  before  ordering  the  suspension  or  expulsion 
of  the  scholar.  The  board  have  large  discretionary  powers. 
This  is  one  of  the  matters  which  come  wholly  within  their  dis- 
cretion. 


SCHOOL  LAWS  OF  IOWA.  31 

TEACHERS. 

SEC.  1757.   All  contracts  with  teachers  shall  be  in  writing,  £dJ^Jb!fln 
specifying  the  length  of  time  the  school  is  to  be  taught,  in  writing,  and 
weeks,  the  compensation  per  week,  or  per  month  of  four  p?e8idendt.by 
weeks,  and  such  other  matters  as  may  be  agreed  upon;  and 
shall  be  signed  by  the  subdirector  or  secretary  and  teacher, 
and  be  approved  by  and  filed  with  the  president  before  the 
teacher  enters  upon  the  discharge  of  his  duties. 

(b)  A  careful  investigation  Of  the  charges  against  the  scholar 
should  be  made  before  he  is  dismissed. 

(c)  The  action  of  the  snbdirector  and  president  in  dismissing 
a  scholar  remains  in  force  for  the  term  only.  - 

(d)  The  teacher  has  .control  over  scholars  during  school 
hours,  within  reasonable  limits,  unless  restricted  by  a  rule  of  the 
board.    He  may  require  a  scholar  to  remain  in  his  seat  during 
recess,  as  a  punishment.    However,  it  is  not  wise  to  deprive 
children,  to  any  great  extent,  of  the  exercise  necessary  to  their 
physical  well-being. 

.SEC.  1757.  (a)  All  contracts  made  by  the  subdirector,  under 
the  provisions  of  section  1753,  must  be  approved  by  the  president 
and  reported  to  the  board  of  directors.  The  teacher's  certificate 
should  be  produced  before  the  contract  is  signed. 

(b)  All  matters  agreed  upon  should  be  incorporated  into  the 
written  contract.    The  tendency  of  our  courts  is  to  presume 
that  the  written  contract  embraces  the  entire  agreement  of  the 
parties. 

(c)  Section  2976,  Code  of  1873,  provides  that  "  a  municipal  or 
political  corporation  shall  not  be  garnished."    However,  the  cor- 
poration may  waive  exemption  from  this  process.    See  Iowa 
Reports,  25,  315. 

(d)  If  a  teacher  is  at  the  school-house  at  the  proper  time* 
and  remains  during  school  hours,  he  is  entitled  to  pay  therefor, 
according  to  his  contract,  whether  scholars  are  present  or  not. 

(e)  Without  special  mention  in  the  teacher's  contract,  it  is 
understood  that  only  the  common  branches  are  expected  to  be 
taught. 

(f)  The  board,  for  what  seem  to  them  good  reasons,  may 
order  a  short  vacation.    But  they  cannot  shorten  the  term  in- 
cluded in  the  contract,  without  consent  of  both  parties. 

(g)  It  is  lawful  for  a  board  to  give  teachers  holidays  and  not 
deduct  pay,  and  it  is  quite  usual.    The  teacher,  however,  cannot 
claim  it  as  a  right. 

(h)  "  It  is  the  duty  of  the  subdirector  to  file  the  teacher's  con- 
tract with  the  president  of  the  board,  and  secure  his  approval ; 
the  teacher  being  permitted  to  enter  upon  the  performance  of 
the  contract,  has  a  right  to  presume  the  contract  was  duly  ap- 
proved, and  the  absence  of  such  approval  cannot  deprive  the 
teacher  of  the  right  to  recover  the  stipulated  compensation  for 
the  service  by  him  rendered."  Hattie  Conner  v.  District  Town- 
ship of  Liidlow,  35  Iowa,  375. 


32 


SCHOOL  LAWS  OF  IOWA. 


rom 
county  superin- 


SE°-  1758«  No  person  shall  be  employed  to  teach  a  corn- 
mon  school  which  is  to  receive  its  distributive  share  of  the 
school  fund  unless  he  shall  have  a  certificate  of  qualifica- 
tion signed  by  the  county  superintendent  of  the  county  in 
which  the  school  is  situated,  or  by  some  other  officer  duly 
authorized  by  law  ;  and  any  teacher  who  commences  teach- 
ing without  such  certificate  shall  forfeit  all  claim  to  com- 
pensation for  the  time  during  which  he  teaches  without 
such  certificate. 

Keep  register.  SEC.  1759.  The  teacher  shall  keep  a  correct  daily  regis- 
ter of  the  school,  which  shall  exhibit  the  number  or  other 
designation  thereof,  township  and  county  in  which  the 

(i)  A  contract  made  by  a  subdirector  who  is  president,  should 
be  submitted  to  the  board  for  approval.  If  a  subdirector  is  em- 
ployed to  teach  the  school  in  his  own  subdistrict,  he  should  con- 
tract with  the  board,  or  with  a  committee  appointed  for  that 
purpose,  by  the  board. 

(j)  The  approval  of  the  teacher's  contract  by  the  president  is 
a  mandatory  act,  which  he  cannot  refuse  to  perform,  unless  the 
contract  is  drawn  at  variance  with  instructions  from  the  board* 
or  otherwise  violates  law. 

(k)  The  board  may  authorize  the  president  and  secretary  to 
draw  orders  for  the  payment  of  teachers'  salaries  at  the  end  of 
each  school  month,  upon  proper  evidence  that  the  service  has 
been  performed.  See  note  (e)  to  section  1753. 

SEC.  1758.  (a)  The  only  legal  certificates,  besides  those  given 
by  county  superintendents,  are  the  perpetual  state  certificates, 
issued  by  the  educational  board  of  examiners,  prior  to  Septem- 
ber, 1873,  when  said  board  was  abolished.  The  superintendent 
of  public  instruction  is  not  authorized  to  issue  teachers'  certifi- 
cates. 

(b)  The  teacher  must  have  a  certificate  during  the  whole  term 
of  school,  he  is  not  authorized  to  teach  a  single  day  beyond  the 
period  named  in  his  certificate.    In  case  of  the  temporary  ab- 
sence of  a  teacher,  from  sickness  or  other  cause,  the  place  should 
be  supplied  with  some  person  duly  authorized  to  teach,  selected 
by  the  subdirector. 

(c)  In  case  a  person  is  employed  or  continued  as  a  teacher  in 
violation  of  law  without  a  certificate,  a  resident  of  the  district 
may  sue  out  a  writ  of  injunction,  restraining  the  person  from 
teaching  and  the  district  from  paying.    Such  a  writ  cannot  be 
served  at  the  instance  of  the  county  superintendent.    Perkins 
v.  Wolf  et  al.,  17  Iowa,  228.    Boards  of  directors  employing  and 
paying  such  teachers  are  liable  to  prosecution  under  the  provis- 
ions of  the  general  statutes  for  misapplication  of  funds.    See 
sections  3965,  3966,  and  3967,  Code. 

SEC.  1759.  (a)  The  teacher  may  be  held  responsible  for  the 
efficient  discharge  of  every  duty  properly  attaching  to  his  office, 
including  the  exercise  of  due  diligence  in  the  oversight  and  pres- 
ervation of  school  buildings,  grounds,  furniture,  apparatus,  and 


SCHOOL  LAWS  OF  IOWA.  33 

school  is  kept;  the  day  of  the  week,  the  mont-h  and  ye.or; 
the  name,  age,  and  attendance  of  each  pupil,  and  the 
branches  taught.  When  scholars  reside  in  different  dis- 
tricts a  register  shall  be  kept  for  each  district. 

SEC.  1760.  The  teacher  shall,  immediately  after  the  close 
of  his  school,  file  in  the  office  of  the  secretary  of  the  board 
of  directors,  a  certified  copy  of  the  register  aforesaid. 

GENERAL  PKOVISIONS. 

SEC.  1761.    A  school  month  shall  consist  of  four  weeks  school  month, 
of  five  school  days  each. 

SEC.  1762.  During  the  time  of  holding  a  teachers1  in- 
stitute  in  any  county,  any  school  that  may  be  in  session  during. 
in  such  county  shall  be  closed;  and  all  teachers,  and  per- 
sons desiring  a  teacher's  certificate,  shall  attend  such  in- 
stitute, or  present  to  the  county  superintendent  satisfactory 
reasons  for  not  so  attending,  before  receiving  such  cer- 
tificate. 

SEC.  1763.     The  electors  of  any  school  district  at  any  Electors  m»y 
legally  called  school  meeting,  may,  by  a  vote  of  a  majority 
of  the  electors  present,  direct  the  German  or  other  language 

other  school  property,  as  well  as  the  more  prominent  work  of 
instruction  and  government.  Making  fires  and  sweeping  the 
school-room  are  not,  properly,  a  part  of  the  teacher's  duties.  In 
rural  districts,  teachers  frequently  perform  this  labor,  as  a  mat- 
ter of  convenience  and  economy;  those  who  are  unwilling  to 
perform  this  work,  or  who  expect  to  receive  pay  for  it,  should  so 
stipulate  with  the  subdirector  before  entering  into  the  contract 
to  teach. 

(b)  The  party  doing  damage  to  school  property  is  responsible 
for  the  same.  The  teacher  is  bound  to  exercise  reasonable  care 
to  protect  and  preserve  school  property,  and  failing  to  do  so  may 
be  held  liable  for  damages  sustained. 

SEC.  1760.  The  secretary  of  the  district  should  refuse  to  sign 
an  order  for  the  last  month  of  the  teacher's  wages,  until  the  reg- 
ister is  filed  in  his  office  as  required  by  this  section ;  without  this 
register,  he  cannot  make  the  report  required  by  section  1745. 

SEC.  17G1.  (a)  There  are  no  holidays  during  which  teachers 
are  exempt  from  teaching,  unless  excused  by  the  board  of  direc- 
tors. A  legal  contract  requires  twenty  days  of  actual  service 
for  a  month. 

(b)  There  is  no  provision  of  law  giving  teachers  time  to  visit 
other  schools.  Boards  of  directors  may,  however,  grant  holidays 
for  that  purpose. 

SEC.  17G2.  The  provisions  of  this  section  .ire  not  applicable 
to  the  normal  institutes,  held  in  compliance  with  the  provisions 
of  section  1709. 

SEC.  1763.  A  teacher  who  teaches  any  of  the  languages  refer- 
red to  in  this  section  in  addition  to  other  work  as  teacher,  must 


34 


SCHOOL  LAWS  OF  IOWA. 


Bible. 


Cannot  hold 
Certain  offices. 


Meet  and  exam- 
ine teachers. 


to  be  taught  as  a  branch  in  one  or  more  of  the  schools  of 
said  district,  to  ihe  scholars  attending  the  same  TV  hose 
parents  or  guardians  may  so  desire;  and  thereupon  such 
board  of  directors  shall  provide  that  the  same  be  done; 
provided,  that  all  other  branched  taught  in  said  school  or 
schools  shall  be  taught  in  the  English  language;  provided 
further,  that  the  person  employed  in  teaching  the  said 
branches  shall  satisfy  the  county  superintendent  of  his 
ability  and  qualifications,  and  receive  from  him  a  certificate 
to  that  effect. 

SEC.  1764.  The  Bible  shall  not  be  excluded  from  any 
school  or  institution  in  this  state,  nor  shall  any  pupil  be 
required  to  read  it  contrary  to  the  wishes  of  his  parent  or 
guardian. 

COUNTY  SUPERINTENDENT. 

SEC.  1765.  The  county  superintendent  shall  not  hold 
any  office  in,  or  be  a  member  of  the  board  of  directors  of  a 
district  township  or  independent  district,  or  of  the  board  of 
supervisors  during  the  time  of  his  incumbency. 

SEC.  1766.  (As  amended  by  Chap.  143,  Laws  of  1878.) 
On  the  last  Saturday  of  each  month,  the  county  super- 
have  the  certificate  required  by  this  section,  additional  to  the 
one  demanded  by  the  first  part  of  section  17CO ;  but  a  teacher 
who  teaches  only  one  or  more  of  the  languages  referred  to  above, 
or  any  other  special  branch  named,  may  be  required  to  have  a 
certificate  for  such  branch,  as  provided  by  the  last  part  of  sec- 
tion 1766,  and  need  not  have  the  other  certificate,  unless  desired. 
SEC.  1764.  (a)  While  moral  instruction  should  be  given  in 
every  school,  neither  this  section  nor  the  spirit  of  our  constitu- 
tion and  laws,  will  permit  a  teacher  or  board  of  directors  to  en- 
force a  regulation  in  regard  to  religious  exercises,  which  will 
wound  the  conscience  of  any ;  and  no  scholar  can  be  required  to 
conform  to  any  particular  mode  of  worship.  Our  common 
schools  are  maintained  at  public  expense,  and  the  law  contem- 
plates that  they  shall  be  equally  free  to  persons  of  every  faith. 
A  very  suitable  devotional  exercise  consists  in  reading  a  portion 
of  Scripture  without  note  or  comment,  and  the  repetition  of  the 
Lord's  Prayer. 

(b)  The  diversion  of  the  school  fund  in  any  form  or  to  any 
extent  for  the  support  of  sectarian  or  private  schools  is  inad- 
missible and  clearly  in  violation  of  our  laws. 

"  Public  money  shall  not  be  appropriated,  given,  or  loaned  by 
the  corporate  authorities,  supervisors,  or  trustees  of  any  county, 
township,  city  or  town,  or  municipal  organization  of  this  state, 
to,  or  in  favor  of,  any  institution,  school,  association,  or  object, 
which  is  under  ecclesiastical  or  sectarian  management  or  con- 
trol." Section  552,  Code. 

SEC.  1766.  (a)  The  examination  of  teachers  is  a  most  impor- 
tant and  difficult  labor.  Examinations  should  be  thorough  and 


SCHOOL  LAWS  OF  IOWA.  35 

intcndent  shall  meet  all  persons  desirous  of  passing  an 
examination,  and  for  the  transaction  of  other  business 
within  his  jurisdiction,  in  some  suitable  room  provided  for 
that  purpose  by  the  board  of  supervisors  at  the  county  seat, 
at  which  time  he  shall  examine  all  such  applicants  for 
examination  as  to  their  competency  and  ability  to  teach 
orthography,  reading,  writing,  arithmetic,  geography, 
English  grammar,  physiology  and  history  of  the  United 
States;  and  in  making  such  examination,  he  may,  at  his 
option,  call  to  his  aid  one  or  more  assistants.  Teachers 
exclusively  teaching  music,  drawing,  penmanship,  book- 
keeping,  German  or  other  language,  shall  not  be  required  branches, 
to  be  examined  except  in  reference  to  such  special  branch, 
and  in  such  case  it  shall  not  be  lawful  to  employ  them  to 
teach  any  branch  except  such  as  they  shall  be  examined 
upon  and  which  shall  be  stated  in  the  certificate. 

SEC.  1767.  If  the  examination  is  satisfactory,  and  the 
superintendent  is  satisfied  that  the  respective  applicants 
possess  a  good  moral  character,  and  the  essential  qualifica- 
tions for  governing  and  instructing  children  and  youth,  he 
shall  give  them  a  certificate  to  that  effect,  for  a  term  not 
exceeding  one  year. 

systematic,  and  made  with  a  view  of  obtaining  the  actual  meas- 
ure of  the  proficiency  of  the  applicant  in  each  branch.  Written 
examinations  afford  the  best  test  of  scholarship,  if  the  questions 
are  carefully  prepared  and  frequently  renewed. 

(b)  While  the  superintendent  is  not  specifically  prohibited 
from  examining  teachers  on  other  days  than  the  last  Saturday 
in  each  month,  he  should  generally  confine  himself  to  these  days, 
and  to  such  additional  time  as  the  amount  of  labor  seems  to  re- 
quire. He  may,  with  advantage,  make  appointments  to  hold 
examinations  in  different  localities,  for  the  convenience  of 
teachers,  previous  to  the  commencement  of  the  winter  and  sum- 
mer schools.  Such  examinations,  with  those  held  at  the  county 
seat  on  the  last  Saturday  of  the  mouth,  ought,  ordinarily,  to 
give  sufficient  opportunity  to  all  persons  desiring  to  be  examined. 
Applications  made  at  other  times  should  be  rejected,  unless  good 
reasons  are  given  for  not  attending  the  regular  examinations ; 
the  interests  of  the  schools  do  not  require  frequent  or  individual 
examinations,  and  the  time  of  the  superintendent  can  be  more 
profitably  employed  in  the  performance  of  other  duties. 

SEC.  17G7.  (a)  County  superintendents  should  remember  that 
they  are  to  inquire,  not  only  into  the  literary  qualifications  of 
the  applicant,  but  they  must  also  be  satisfied  that  the  applicant 
possesses  a  good  moral  character,  and  the  essential  qualifications 
for  governing  and  instructing  children  and  youth.  Scholar- 
ship, moral  character,  ability  to  govern,  aptness  to  teach — the 
law  requires  all  four  of  these  qualifications  in  those  to  whom 
are  intrusted  the  highest  interests  of  the  state — the  education  of 
its  youth. 


36  SCHOOL  LAWS  OF  IOWA. 


SEC?-  1768-     ATIJ  scn°o1  officer  or  other  person  shall  be 
made.  permitted  to  be  present  at  the  examination;  and  the  super- 

intendent shall  make  a  record  of  the  name,  residence,  a^ct 
and  date  of  examination  of  all  persons  so  examined,  dis- 
tinguishing between  those  to  whom  he  issued  certificates 
and  those  rejected. 

connty  superin-      SEC.  1769.     (As  amended  by  Chap.  57,  Laws  of  1874, 
houfnoxZf      and  Chap.  54,  Laws  of  1878.)    The  county  superintendent 
tostitute  anuu-   snan  ho\^  annually,  a  normal  institute  for  the  instruction 
May  procure      of  teachers  and  those  who  may  desire  to  teach,  and  with 
^rejuire      ^e  concurrence  of  the  superintendent  of  public  instruc- 
ynient  of  cer-  tion,  procure  such  assistance  as  may  be  necessary  to  con- 
duct  the  same,  at  such  time  as  the  schools  in  the  county 
are  generally  closed.     To  defray  the  expenses  of  said  in- 
stitute, he  shall  require  the  payment  of  a  registration  fee 
of  one  dollar  from  each  person  attending  the  normal  in- 

(b)  Certificates  should  n<st  be  renewed  nor  should  county 
superintendents   indorse  certificates  given  by  other  superin- 
tendents.   Each  county  superintendent  should  satisfy  himself 
of  the  scholastic  attainments  of  his  teachers;  after  he  has  done 
this,  his  visits  should  always  determine,  in  part  at  least,  the 
grade  of  certificate  to  be  granted.    Every  applicant  for  an  ex- 
amination, and  of  course,  every  person  receiving  a  certificate, 
shoHld  pay  a  dollar  toward  the  institute  fund. 

(c)  The  law  fixes  only  the  maximum  time  for  which  a  certifi- 
cate may  be  given.    The  minium  is  left  to  the  discretion  of  the 
county  superintendent. 

(d)  It  is  clearly  the  intention  of  the  law,  that  every  person 
who  applies  for  an  examination  shall  pay  one  dollar.    This  is  to 
be  repeated  every  time  the  applicant  presents  himself  for  a  new 
examination. 

(e)  Section  1769  of  the  Code  of  1873,  was  repealed  by  chapter 
57,  of  the  fifteenth  general  assembly.    Hence,  the  authority  to 
collect  a  fee  of  one  dollar  as  compensation  for  a  private  exami- 
nation, has  been  abolished. 

SEC.  1768.  The  record  required  by  this  section,  should  be  care- 
fully made,  as  the  items  form  a  part  of  the  county  superin- 
tendent's annual  report  to  the  superintendent  of  public  instruc- 
tion. 

SEC.  1769.  (a)  The  normal  institute  takes  the  place  of  the 
teachers'  institute  held  under  previous  laws.  It  must  be  held 
at  a  time  when  the  public  schools  are  generally  closed.  Prepar- 
ations for  the  institute  should  be  commenced  early,  by  securing 
the  requisite  instructors,  rooms,  fixing  the  time,  etc. 

(b)  The  superintendent  of  public  instruction  is  authorized, 
upon  receipt  of  the  proper  certificate  from  the  county  superin- 
tendent, to  appoint  the  time  and  place  of  holding  the  normal 
institute  and  to  transmit  to  him  a  warrant  on  the  state  treasury 
for  fifty  dollars,  toward  defraying  its  expenses.  Section  1584, 
Code.  County  superintendents  will  determine  the  time  and 


SCHOOL  LAWS  OF  IOWA.  37 

stitute,  and  shall  also  require  the  payment,  in  all  cases,  of 

one  dollar  from  every  applicant  for  a  certificate.     He  shall, 

monthly,  and  at  the  close  of  each  institute,  transmit  to 

the  county  treasurer,  all  moneys  so  received,  including  the 

state  appropriation  for  institutes,   to  be  designated  the 

u  institute  fund" ;  together  with  a  report  of  the  name  of 

each  person  so  contributing,  and  the  amount.     The  board  Shall  render 

of  supervisors  may  appropriate  such  additional- sum  as  may  account  of  innu- 

by  them  be  deemed  necessary  for  the  further  support  of  l 

such  institute.    All  disbursements  of  the  institute  fund 

place,  and  make  application  to  the  superintendent  of  public  in- 
struction according  to  Form  No.  23,  at  least  thirty  days  before 
the  institute  is  to  commence.  This  application  and  the  appoint- 
ment are  necessary  to  secure  the  state  appropriation. 

(c)  The  length  of  time  during  which  the  normal  institute 
shall  remain  in  session  is  left  to  the  discretion  of  the  county 
superintendent.    This  will  depend  largely  upon  the  amount  of 
the  institute  fund.    It  cannot  remain  in  session  less  than  one 
week  of  six  days,  section  1584,  Code.    A  session  of  from  three  to 
six  weeks  may  be  safely  undertaken  in  most  counties. 

(d)  Attendance  upon  the  normal  institute  will  be  voluntary 
on  the  part  of  teachers :  but  young  and  inexperienced  teachers 
will  not  expect  to  receive  certificates,  unless  of  the  lowest  grade, 
without  regularly  attending  the  normal  institute.    By  means  of 
the  larger  fund  and  the  greater  length  of  time  during  which 
this  institute  will  remain  in  session,  it  can,  if  the  proper  means 
are  employed,  be  rendered  invaluable  to  teachers.    The  benefits 
which  they  will  receive,  will  secure  their  voluntary  and  general 
attendance.    Any  schools  that  may  be  in  session  during  the 
normal  institute,  will  not  be  closed,  except  upon  the  order  of  the 
board  of  directors  thereof. 

(e)  The  law  requires  the  county  superintendent,  with  the  con- 
currence of  the  superintendent  of  public  instruction,  to  procure 
such  assistance  as  may  be  necessary  to  conduct  the  institute.   It 
is  expected  that  superintendents   will  select  conductors  and 
teachers,  as  far  as  practicable,  and  forward  the  names  for  exam- 
ination and  approval.    Ordinarily,  three   or  four  instructors 
should  be  secured,  all  of  whom  should  be  superior  teachers  of 
recent  experience;  one  of  whom,  at  least,  should  have  had  experi- 
ence in  institute  work,  and  be  able  to  give  plain,  practical  instruc- 
tion, in  methods  of  school  organization,  government  and  teach- 
ing.   One  or  more  lady  teachers  should  be  secured,  where  it  is 
practicable.    The  best  results  are  usually  secured  by  dividing 
the  institute  into  two  or  more  divisions  for  instruction  in  the 
several  branches,  leaving  a  portion  of  the  time  for  general  in- 
struction before  the  whole  institute.     Poor   conductors  and 
instructors  have  been  employed  and  the  teachers  of  some  counties 
have  reason  to  complain.    County  superintendents  should  have 
sufficient  evidence  of  the  abilities  of  their  instructors,  before 
employing  them.     In  all  cases  when  strangers  are  employed, 


38 


SCHOOL  LAWS  OF  IOWA. 


Mny  appoint 
deputy. 


May  revoke 
certificate. 


shall  be  upon  the  order  of  the  county  superintendent;  and 
no  order  shall  be  drawn  except  for  bills  presented  to  the 
county  superintendent,  and  approved  by  him,  for  services 
rendered  or  expenses  incurred  in  connection  with  the  nor- 
mal institute. 

SEC.  1770.  If,  for  any  cause,  the  county  superintendent 
is  unable  to  attend  to  his  official  duties,  he  shall  appoint  a 
deputy  to  perform  them  in  his  stead,  except  visiting  schools 
and  trying  appeals. 

SEC.  1771.  The  superintendent  may  revoke  the  certifi- 
cate of  any  teacher  in  the  county  which  was  given  by  the 
superintendent  thereof,  for  any  reason  which  would  have 
justified  the  withholding  thereof  when  the  same  .was  given, 
after  an  investigation  of  the  facts  in  the  case,  of  which  in- 
vestigation the  teacher  shall  have  personal  notice,  and  he 
shall  be  permitted  to  be  present  and  make  his  defense. 

references  should  be  required,  and  inquiries  made  in  this  office 
will  frequently  secure  the  proper  knowledge. 

(f)  The  superintendent  may  assume  the  general  manage- 
ment of  the  institute,  and  act  as  conductor,  assigning  others  their 
work,  or  may  select  another  to  act  as  conductor  and  take  the 
place  of  teacher,  or  may  simply  assume  the  general  oversight 
and  direction.    He  is  entitled  to  lite  per  diem  for  any  service  in 
connection  with  the  institute,  as  for  other  official  duties,  but  re- 
ceives no  part  of  the  institute  fund. 

(g)  These  normal  institutes  are  short  training  schools ;  their 
object  is  to  reach  and  correct  the  greatest  defects  found  in  the 
schools.    The  superintendent  in  visiting  schools  should  seek  to 
discover  the  most  prominent  defects  and  wants  in  the  methods 
of  instruction.    The  normal  institute  will  afford  effective  means 
of  reaching  and  correcting  these  faults.    The  great  object  is  to 
instruct  teachers  how  to  teach  children. 

(h)  The  reports  and  payments  to  the  county  treasurer,  re- 
quired by  this  section,  should  be  made  on  the  first  day  of  each 
month. 

(i)  It  is  the  duty  of  the  board  of  supervisors,  at  the  close  of 
his  term  of  office,  to  settle  with  the  county  superintendent,  as 
with  other  county  officers,  according  to  the  provisions  of  tho 
law. 

SEC.  1771.  (a)  Though  an  appeal  will  lie  in  such  cases,  tho 
discretion  of  a  county  superintendent  in  refusing  or  revoking  a 
teacher's  certificate  will  not  be  interfered  with  by  the  superin- 
tendent of  public  instruction,  unless  it  is  clearly  shown  that  in 
such  act,  the  county  superintendent  violated  law  or  abused  his 
discretion.  Doughei'ty  v.  Tracy,  School  Law  Decisions,  34. 

(b)  The  notice  provided  for  in  this  section,  should  contain  an 
explicit  statement  of  the  charges  against  which  the  teacher  is 
expected  to  make  his  defense. 


SCHOOL  LAWS  OF  IOWA.  39 

SEC.  1772.  On  the  first  Tuesday  of  October  of  each  Make  report  to 
year,  he  shall  make  a  report  to  the  superintendent  of  pub- 
lie  instruction,  containing  a  full  abstract  of  the  reports 
made  to  him  by  the  respective  district  secretaries,  and  such 
other  matters  as  he  shall  be  directed  to  report  by  said  su- 
perintendent, and  as  he  himself  may  deem  essential  in 
exhibiting  the  true  condition  of  the  schools  under  his 
charge;  and  he  shall,  at  the  same  time,  file  with  the  county 
auditor  a  statement  of  the  number  of  persons  between  the 
ages  of  five  and  twenty-one  years  in  each  school  district 
in  his  county. 

SEC.  1773.     Should  he  fail  to  make  either  of  the  reports  Penalty  for 
required  in  the  last  section,  he  shall  forfeit  to  the  school fa 
fund  of  his  county  the  sum  of  fifty  dollars,  and  shall,  be- 
sides, be  liable  for  all  damages  caused  by  such  neglect. 

SEC.  1774.    He  shall  at  ail  times  conform  to  the  instruc-  Must  conform 
tions  of  the  superintendent  of  public  instruction,  as  to  ^ 
matters-  within  the  jurisdiction  of  the  said  superintendent. 
He  shall  serve  as  the  organ  of  communication  between  the 
superintendent  and  township  or  district  authorities.     He 
shall  transmit  to  the  townships,  districts,  or  teachers,  all 

SEC.  1772.  (a)  The  blanks  for  the  annual  report  of  the  county 
superintendent  are  furnished  by  the  superintendent  of  public 
instruction. 

(b)  The  superintendent  may  test  the  accuracy  of  the  treas- 
urer's reports  by  consulting  the  books  of  the  county  treasurer. 
The  amount  of  the  several  funds  reported  as  received  from  the 
district  tax,  also  the  amount  received  from  the  semi-annual  ap- 
portionment, should  agree  with  the  county  treasurer's  receipts 
for  the  same.    All  errors  should  be  corrected.    The  amounts 
reported  on  hand  in  the  last  report  should  always  be  reported 
as  the  amounts  on  hand  at  last  report  the  following  year. 

(c)  The  abstract  of  the  enumeration  of  children  in  each  dis- 
trict should  be  made  with  especial  care,  and  should  be  complete 
and  accurate,  otherwise  the  county  may  not  obtain  its  just  pro- 
portion of  the  income  of  the  permanent  school  fund. 

(d)  Should  the  district  secretaries  or  treasurers  fail  to  make 
their  reports  in  time,  the  superintendent  should  take  prompt 
measures  to  secure  them,  going  after  them  if  necessary. 

(e)  When  district  townships  are  divided,  or  independent  dis- 
tricts organized,  the  superintendent  should  immediately  file  with 
the  county  auditor  a  statement,  based  upon  the  last  report  of  the 
secretaries,  showing  the  number  of  persons  of  school  age  in  each 
of  the  districts  whose  boundaries  have  been  thus  changed. 

SEC.  1774.  (a)  The  superintendent  in  his  visits  should  seek  to 
aid,  instruct,  and  inspire  teachers  to  the  employment  of  the  best 
methods  of  teaching,  governing,  and  conducting  their  schools; 
Should  try  to  secure  the  proper  classification  of  scholars,  the  ar- 
rangement of  courses  of  study,  and  the  care  and  protection  of 
the  school  property.  He  should  study  to  awaken  among  parents 
and  children,  a  deeper  interest  in  the  public  schools  so  as  to  se- 


40  SCHOOL  LAWS  OF  IOWA. 

blanks,  circulars,  and  other  communications  which  are  to 
them  directed;  he  shall  visit  each  school  in  his  county  at 
least  once  in  each  term,  and  shall  spend  at  least  one-half 
day  in  each  visit. 

Bep«rt  to  super-  SEC.  1775.  He  shall  report  on  the  first  Tuesday  of  Oc- 
Sn?gdeef  or  °f  tober  of  each  year  to  the  superintendent  of  the  Iowa  col- 
8titnudtloan  ^o?'the  k£e  ^or  ^ie  blind,  the  name,  age,  residence,  and  post-office 
deaf  and  dumb,  address  of  every  person  blind  to  such  an  extent  as  to  be 
unable  to  acquire  an  education  in  the  common  schools,  and 
who  resides  in  the  county  in  which  he  is  superintendent, 
and  also  to  the  superintendent  of  the  Iowa  institution  for 
the  deaf  and  dumb,  the  name,  age,  and  post-office  address 
of  every  deaf  and  dumb  person  between  the  ages  of  five 
and  twenty-one  who  resides  within  his  county,  including 
all  such  persons  as  may  be  deaf  to  such  an  extent  as  to  be 
unable  to  acquire  an  education  in  the  common  schools, 
compensation.  SEC.  1776.  The  county  superintendent  shall  receive  from 
the  county  treasury  the  sum  of  three  dollars  per  day  for 
every  day  necessarily  engaged  in  the  performance  of  official 
duties,  and  also  the  necessary  stationery  and  postage  for 
the  use  of  his  office,  and  he  shall  be  entitled  to  such  addi- 
tional compensation  as  the  board  of  supervisors  may  allow; 
provided,  that  he  shall  first  file  a  sworn  statement  of  the 
time  he  has  been  employed  in  his  official  duties,  with  the 
county  auditor. 

i 

TAXES. 

Board  of  direct-  SEC.  1777.  The  board  of  directors  shall,  at  their  regu- 
&moSutTi™a't*  lar  meeting  in  March  of  each  year  or  at  a  special  meeting 
Snglnt^nd0011"  convened  ?or  that  purpose,  between  the  time  designated 
teachers-  fund,  for  such  regular  meeting  and  the  third  Monday  in  May, 
estimate  the  amount  required  for  the  contingent,  fund,  and 

cure  improved  attendance,  deportment  and  scholarship  of 
scholars,  and  more  frequent  visits  of  parents  and  school  officers. 
A  judicious  visit  from  the  superintendent  may  often  serve  to 
infuse  new  life  into  the  school. 

(b)  The  county  superintendent  should  carefully  observe  the 
condition  of  the  school-house  and  surroundings,  note  all  defects, 
and  notify  the  subdirector  or  board  of  directors  of  the  same. 

SEC.  1775.  The  blanks  for  these  reports  are  furnished  by  the 
superintendents  of  the  respective  institutions. 

SEC.  1770.  (a)  The  board  of  supervisors  shall  furnish  the 
county  superintendent  with  an  office  at  the  county  seat,  together 
with  fuel,  lights,  blanks,  books,  and  stationery  necessary  and 
proper  to  enable  him  to  discharge  the  duties  of  his  office ;  but  in 
no  case  shall  such  officer  be  permitted  to  occupy  an  office  also 
occupied  by  a  practicing  attorney.  See  section  3844,  Code. 

SEC.  1777.  (a)  This  section  requires  boards  of  directors  to 
certify  the  specific  sums  necessary  to  be  raised  for  teachers'  and 
contingent  fund  to  the  board  of  supervisors,  whose  duty  it  is  t* 


SCHOOL  LAWS  OF  IOWA.  4} 

also  such  sum  as  may  be  required  for  the  teachers'  fund,  in 
addition  to  the  amount  received  from  the  semi-annual  ap- 
portionment, as  shown  by  the  notice  from  the  county  audi- 
tor, to  support  the  schools  of  the  district  for  the  time  re- 
quired by  law  for  the  current  year;  and  shall  cause  the 
secretary  to  certify  the  same,  together  with  the  amount 
voted  for  school-house  purposes,  within  five  days  thereaf- 
ter to  the  board  of  supervisors,  who  shall  at  the  time  of 
levying  taxes  for  county  purposes,  subject  to  the  provisions  Board  of  m 
of  section  seventeen  hundred  and  eighty  of  this  chapter,  visors  shall  levy 
levy  the  per  centum  necessary  to  raise  the  sum  thus  certi- taxe8' 
fied  upon  the  property  of  the  district  township,  which 
shall  be  collected  and  paid  over  as  are  other  district  taxes. 
SEC.  1778.  They  shall  apportion  any  tax  voted  by  the 
district  township  meeting  for  school-house  fund,  among  the 
several  subdistricts  in  such  a  manner  as  justice  and  equity 
may  require,  taking  as  the  basis  of  such  apportionment  the 
respective  amounts  previously  levied  upon  said  subdistricts 

estimate  and  levy  the  per  centum  necessary  to  raise  the  amounts 
so  certified. 

(b)  It  is  wholly  within  the  discretion  of  the  board  of  direc- 
tors to  determine  the  amounts  required  for  the  contingent  and 
teachers'   funds.     Any  vote  of  the   electors   touching  these 
amounts,  is  only  suggestive,  and  is  not  at  all  binding.     All 
school-house  funds  must  be  voted  by  the  electors.    See  sections 
1717  and  1807. 

(c)  Section  1780  limits  the  amount  which  may  be  levied  in  a 
district  township  for  any  one  year,  to  fifteen  dollars  per  scholar 
for  teachers'  fund  and  live  dollars  per  scholar  for  contingent 
fund,  but  authorizes  the  levy  of  seventy-five  dollars  for  contin- 
gent, and  two  hundred  and  seventy  dollars  for  teachers'  fund  for 
each  subdistrict,  even  if  the  levy  thereby  exceeds  five  and  fifteen 
dollars  per  scholar,  for  these  funds. 

(d)  If  the  amount  of  school-house  tax  voted  and  certified  by 
the  board  of  directors  in  any  year  exceeds  the  limit  which  the 
board  of  supervisors  are  allowed  to  levy,  under  the  provisions  of 
section  1780,  it  is  the  duty  of  the  board  of  directors  to  certify  the 
amount  of  the  deficiency  from  year  to  year  until  the  whole 
amount  is  levied. 

(e)  The  teachers'  and  contingent  funds  are  not  to  be  appor- 
tioned among  the  subdistricts,  but  levied  uniformly  on  the 
taxable  property  of  the  district  township. 

(f)  Chapter  67,  laws  of  1874,  authorizes  districts  formed  from 
territory  lying  in  adjoining  counties,  to  vote  and  certify  to  the 
respective  boards  of  supervisors  the  number  of  mills  on  the  dol- 
lar required  to  raise  the  necessary  school  taxes. 

SEC.  1778.  (a)  All  school-Jiouse  taxes  must  be  voted  either  by 
the  district  or  by  the  subdistrict  electors.  When  voted  they 
must  in  all  cases  be  certified  to  the  board  of  supervisors.  All 
taxes  voted  by  the  district  township  meeting  must  be  apportioned 


42  SCHOOL  LAWS  OF  IOWA. 

for  the  use  of  such  fund;  provided,  that  if  the  electors  of 
one  or  more  suhdistricts  tit  their  last  annual  meeting  shall 
have  voted  to  raise  a  sum  fur  school-house  purposes  greater 
than  that  granted  by  (he  electors  at  the  last  annual  meet- 
ing of  the  district  township,  they  shall  estimate  the  amount 
Excess.  of  such  excess  on  such  subdistrict  or  subdistricts,  and 

cause  the  secretary  to  certify  the  same  within  five  days 
thereafter  to  the  board  of  supervisors,  who  shall,  at  the 
time  of  levying  taxes  for  county  purposes,  levy  the  per 
centum  of  such  excess  on  the  taxable  property  of  the  sub- 
district  asking  the  same,  provided  that  not  more  than  fifteen 
mills  on  the  dollar  shall  be  levied  on  the  taxable  property 
of  any  subdistrict  for  any  one  year  for  school-house  pur- 
poses. 

^EC>  1^79.  The  board  of  supervisors  of  each  county 
shall,  at  the  time  of  levying  the  taxes  for  county  purposes, 
levy  a  tax  for  the  support  of  schools  within  the  county  of 
not  less  than  one  mill,  nor  more  than  three  mills  on  the 
dollar,  on  the  assessed  value  of  all  the  real  and  personal 

among  the  subdistricts  of  the  township.  The  basis  of  this 
apportionment  is  the  aggregate  number  of  mills  previously 
levied  upon  the  subdistricts  of  the  township  for  school-house 
purposes.  The  apportionment  should  be  made  so  as  gradually 
to  equalize  these  rates,  in  order  that  the  school-house  tax  may, 
ultimately,  be  uniform  throughout  the  district. 

(b)  The  township  electors  may  vote  a  tax  for  the  erection  of 
a  school-house  in  any  subdistrict,  without  previous  action  of  the 
subdistrict  electors.  If  the  subdistrict  electors  vote  to  raise  a 
sum  for  school-house  purposes,  it  is  the  duty  of  the  subdirector 
to  certify  the  same  to  the  district  township  meeting.  If  this 
duty  is  neglected  the  board  of  directors  are  not  authorized  to 
certify  the  tax  voted.  "Whatever  portion  of  the  sum  properly 
certilied  the  district  meeting  neglects  or  refuses  to  grant,  must 
be  certilied  and  levied  directly  upon  the  subdistrict  making  the 
request,  in  addition  to  the  equitable  portion  of  the  whole  amount 
Toted  by  the  district  township  meeting.  If  the  meeting  refuses 
to  vote  any  amount  the  whole  must  be  certified  and  levied  upon 
the  subdistrict 

(<:)  The  tendency  of  the  action  of  the  subdistrict  electors  in 
voting  school-house  taxes,  is  to  produce  unequal  rates  of  taxa- 
tion for  school-house  purposes,  and  otherwise  greatly  to  com- 
plicate the  raising  of  school-house  funds;  hence,  unless  the 
necessities  of  the  case  absolutely  require,  such  action  should  not 
be  encouraged.  All  necessary  school-house  taxes  should,  as  a. 
rule,  he  voted  by  the  district  township  meeting.  Sec  note  (c> 
to  Form  8. 

SEC.  1770.  Personal  property  should  be  taxed  in  the  district 
where  the  person  resides,  the  general  rule  being  that  personal 
property  attaches  itself  to  the  residence  of  the  owner.  See  sec- 
tions 803-C  and  823-4,  Code  of  1873. 


SCHOOL  LAWS  OF  IOWA.  43 

property  within  the  county,  which  shall  be  collected  by  the 
county  treasurer  at  the  time  and  in  the  same  manner  as 
state  and  county  taxes  are  collected,  except  that  it  shall  be 
receivable  only  in  cash. 

SEC.  1780.  They  shall  also  levy  at  the  same  time,  the  dis- 
trict  school  tax  certified  to  them  from  time  to  time  by  the 
respective  district  secretaries;  provided,  that  the  amount 
levied  for  school-house  fund  shall  not  exceed  ten  mills  on 
the  dollar,  on  the  property  of  any  district,  and  the  amount 
levied  for  contingent  fund  shall  not  exceed  five  dollars  per 
pupil,  and  the  amount  raised  for  teachers'  fund,  including 
the  amount  received  from  the  semi-annual  apportionment, 
shall  not  exceed  fifteen  dollars  per  pupil  for  each  pupil 
residing  in  the  district,  as  shown  by  the  last  report  of  the 
county  superintendent.  And  if  the  amount  certified  to  the 
board  of  supervisors  exceeds  this  limit,  they  shall  levy  only 
to  the  amount  limited;  provided ,  that  they  may  levy  sev- 
enty-five dollars  for  contingent  fund,  and  two  hundred  and 
seventy  dollars,  including  the  amount  received  from  the 
semi-annual  apportionment,  for  the  teachers'  fund  for  each 
subdistrict. 

COUNTY  AUDITOR. 

SEC.  1781.    The  county  auditor  shall,  on  the  first  Monday  county  auditor 
in  April  and  the  fourth  Monday  in  September  of  each  year,  ^xTSS- 
apportion  the  county  school  tax,  together  with  the  interest  tweet  on  school 
of  the  permanent  school  fund  to  which  his  county  is  enti-  u 
tied,  and  all  other  money  in  the  hands  of  the  county  treas- 
urer belonging  in  common  to  the  schools  of  his  county  and 
not  included  in  any  previous  apportionment  among  the 
several  districts  therein,  in  proportion  to  the  number  of  per- 
sons between  five  and  twenty-one  years  of  age,  as  shown  by 
the  report  of  the  county  superintendent  filed  with  him  for 
the  year  immediately  preceding. 

SEC.  1782.    He  shall  immediately  notify  the  president  of  Notify  president 
each  school  district  of  the  sum  to  which  his  district  is  enti-  SLtSct  S «»». 
tied  by  said  apportionment,  and  shall  issue  his  warrant  for 
the  same  to  accompany  said  notice,  which  warrant  shall  be 
also  signed  by  the  president  and  countersigned  by  the  sec- 
retary of  the  district  in  whose  favor  the  same  is  drawn;  and 
shall  authorize  the  district  treasurer  to  draw  the  amount  due 

SEC.  1TSO.  The  second  proviso  in  this  section  was  added  for 
the  relief  of  sparsely  settled  townships,  in  which  five  dollars  per 
scholar  for  contingent  fund,  and  fifteen  dollars  per  scholar  for 
teachers'  fund,  is  not  adequate  to  maintain  schools  for- the  time 
required  by  luw.  In  such  districts  these  limits  may  be  ex- 
ceeded, providing  not  more  than  $75  for  contingent  fund,  and 
$i'70  including  the  semi-annual  apportionment,  for  teachers' 
fund,  is  levied  for  each  subdistrict  in  the  township. 

Si-:c.  1781.  For  the  basis  of  the  apportionment  to  new  dis- 
tricts, see  note  (e)  to  section  1772. 


44  SCHOOL  LAWS  OF  IOWA. 

said  district  from  the  county  treasurer;  and  the  secretary 
shall  charge  the  treasurer  of  the  district  with  all  warrants 
drawn  in  his  favor,  and  credit  him  with  all  warrants  drawn 
on  the  funds  in  his  hands,  keeping  separate  accounts  with 
each  fund. 

Fonrard^rtia.     SEC.  1783.     He  shall  forward  to  the  superintendent  of 
o?  county0^1-0"  public  instruction  a  certificate  of  the  election  or  appoint- 
Sdr^uo     ment  an(*  qualification  of  the  county  superintendent;  and 
auditor  of  state,  shall,  also,  on  the  second  Monday  in  February  and  August 
of  each  year,  make  out  and  transmit  to  the  auditor  of  state, 
in  accordance  with  such  forms  as  said  auditor  may  prescribe, 
a  report  of  the  interest  of  the  school  fund  then  in  the  hands 
of  the  county  treasurer,  and  not  included  in  any  previous 
apportionment,  and  also  the  amount  of  said  interest  remain- 
ing unpaid. 

COUNTY  TREASURER. 

to'a  °7ror  iS?  SE.C<  1784-  Tlie  county  treasurer  shall,  on  the  first  Mon- 
day  in  April  of  each  year,  pay  over  to  the  treasurer  of  the 
district  the  amount  of  all  school  district  tax  which  shall 
have  been  collected,  and  shall  render  him  a  statement  of 
the  amount  uncollected,  and  shall  pay  over  the  amount  in 
his  hands  quarterly  thereafter.  He  shall  also  keep  the 
amount  of  tax  levied  for  school-house  purposes,  separate 
in  each  subdistrict,  where  such  levy  has  been  made  directly 
upon  the  property  of  the  subdistrict  making  the  applica- 
tion, and  shall  pay  over  the  same  quarterly  to  the  township 
treasurer  for  the  benefit  of  such  subdistrict.  He  shall,  in 
all  counties  wherein  independent  districts  are  organized, 
keep  a  separate  account  with  said  independent  districts,  in 
which  the  receipts  shall  be  daily  entered,  which  books  shall 
at  all  times  be  open  to  the  inspection  and  examination  of 
the  district  board  of  directors,  and  shall  pay  over  to  the 
said  independent  districts  the  amount  of  school  taxes  in  his 
possession  on  the  order  of  the  board,  on  the  first  day  of  each 
and  every  month. 

SEC.  1783.  It  is  important  that  the  certificate  referred  to  should 
be  promptly  forwarded  to  the  superintendent  of  public  instruc- 
tion ;  otherwise,  the  interests  of  the  county  may  suffer  by  tho 
transaction  of  business  with  persons  not  duly  authorized  to  act 
The  certificate  should  in  all  cases  certify  to  the  qualification  as 
well  as  the  election  or  appointment  of  the  county  superintend- 
ent; for,  although  he  may  be  properly  elected  or  appointed,  yet 
he  cannot  be  recognized  until  it  is  known  that  he  has  taken  the 
necessary  oath  of  office  and  filed  the  required  bond.  Whenever 
any  change  is  made  by  resignation  or  otherwise,  a  certificate  of 
the  appointment  and  qualification  of  a  successor  should  be  im- 
mediately forwarded. 


SCHOOL  LAWS  OF  IOWA.  45 

SEC.  1785.  On  the  first  day  of  each  quarter,  the  county  TO  notify  Pre«i- 
treasurer  shall  give  notice  to  the  president  of  the  school 
board  of  each  township  in  his  county  of  the  amount  col- 
lected for  each  fund;  and  the  president  of  each  board  shall 
draw  his  warrant,  countersigned  by  the  secretary,  upon  the 
county  treasurer  for  such  amount,  who  shall  pay  the  amount 
of  such  taxes  to  the  treasurers  of  the  several  school  boards 
only  on  such  warrants. 

MISCELLANEOUS. 

SEC.  1786.  All  fines  and  penalties  collected  from  a  school 
district  officer  by  virtue  of  any  of  the  provisions  of  this 
chapter,  shall  inure  to  the  benefit  of  that  particular  district. 
Those  collected  from  any  member  of  the  board  of  directors, 
shall  belong  to  the  district  township,  and  those  collected 
from  county  officers,  to  the  county.  In  the  two  former 
cases,  suit  shall  be  brought  in  the  name  of  the  district 
township;  in  fche  latter,  in  the  name  of  the  county,  and  by 
the  district  attorney.  The  amount  in  each  case  shall  be 
added  to  the  .fund  next  to  be  applied  by  the  recipient  for 
the  use  of  common  schools. 

SEC.  1787.  When  a  judgment  has  been  obtained  against 
a  school  district,  the  board  of  directors  shall  pay  off  and 
satisfy  the  same  from  the  proper  fund,  by  an  order  on  the 
treasurer;  and  the  district  meeting,  at  the  time  for  voting  a 
tax  for  the  payment  of  other  liabilities  of  the  district  shall 
provide  for  the  payment  of  such  order  or  orders. 

SEC.  1788.  In  case  a  school  district  has  borrowed  money  0Bcoo 
of  the  school  fund,  the  board  of  supervisors  shall  levy  such  fund:  how  paid. 
tax,  not  exceeding  five  mills  on  the  dollar  in  any  one  year, 
on  the  taxable  property  of  the  district  as  constituted  at  the 
time  of  making  such  loan,  as  may  be  necessary  to  pay  the 
annual  interest  on  said  loan,  and  the  principal  when  the 
same  falls  due,  unless  the  board  of  supervisors  shall  see 
proper  to  extend  the  time  of  said  loan. 

SEC.  1789.  No  district  township  or  subdistrict  meeting 
shall  organize  earlier  than  nine  o  clock  A.  M.,  nor  adjourn 
before  twelve  o'clock  M.  ;  and  in  all  independent  districts 
having  a  population  of  three  hundred  and  upward,  the  polls 
shall  remain  open  from  nine  o'clock  A.  M.  to  four  o'clock 
p.  M. 

SEC.  1785.  The  three  funds  provided  for  by  law,  viz.:  school- 
house,  teachers',  and  contingent,  must  be  kept  separate  by  the 
county  treasurer,  as  provided  for  in  this  section,  to  enable  school 
officers  to  comply  with  the  law  in  the  discharge  of  their  official 
duties.  See  sections  1739, 1741, 1745, 1748  and  1750. 

SEC.  1780.  (a)  The  object  of  this  section  is  to  prevent  a  few 
designing  persons  from  meeting  at  an  unusual  hour,  dispatching 
the  business  with  unseemly  haste,  and  adjourning  before  many 
of  the  electors  arrive.  The  meeting  should  be  conducted  with 


46 


SCHOOL  LAWS  OF  IOWA. 


jurisdiction. 


children  may 


triot. 


oath:  admin!*-       SEC.  1700.     Any  school  director,  or  director  elect,  is  au- 

ouier.eac          th  prized  to  administer  to  any  school  director  elect  the 

official  oath  required  by  law.  and  said  official  oath  may  be 

taken  on  or  before  the  third  Monday  in  March  following 

the  election  of  directors. 

Deliver  money,       SEC.  1791.    When  any  school  officer  is  superseded  by 
successor:'  pen-  election  or  otherwise,  he  shall  immediately  deliver  to  his 
aityforiaiiure."  successor  in  office,  all  books,  papers,  and  moneys  pertaining 
to  his  office,  taking  a  receipt  therefor;  and  every  such  officer 
who  shall  refuse  to  do  so,  or  who  shall  willfully  mutilate  or 
destroy  any  such  books  or  papers,  or  any  part  thereof,  or 
shall  misapply  any  moneys  entrusted  to  him  by  virtue  of 
his  office,  shall  be  liable  to  the  provisions  of  the  general 
statutes  for  the  punishment  of  such  offense. 

SEC.  1792.  Nothing  in  this  chapter  shall  be  so  construed 
as  to  give  the  board  of  directors  of  a  district  township  juris- 
diction over  any  territory  included  within  the  limits  of  any 
independent  district. 

SEC.  1793.  (As  amended  by  Chap.  64,  Laws  of  1876, 
a?d  .ChaP-  41i  Laws  of  1878-)  Children  residing  in  one 
district  may  attend  school  in  another  in  the  same  or  adjoin- 
ing county  or  township,  on  such  terms  as  may  be  agreed 

entire  fairness,  and  an  opportunity  given  for  an  expression  of 
the  real  sentiment  of  the  district. 

(b)  In  district  townships,  subdistricts,  and  in  independent 
districts  containing  less  than  three  hundred  inhabitants,  the 
meeting  may  be  organized  at  any  time  after  9  o'clock  A.  M.,  and 
before  6  o'clock  p.  M.,  and  may  continue  as  long  after  12  M.  as 
circumstances  may  require. 

(c)  The  law  contemplates  at  least  three  hours  for  the  elec- 
tion, in  any  case.    Iowa  Reports,  37,  131  ;  39,  381. 

SEC.  1790.  (a)  When  any  election  is  contested  the  person 
elected  shall  have  twenty  days  in  which  to  qualify,  after  the 
date  of  the  decision.  See  section  GS7,  Code. 

(b)  The  secretary  of  the  board  of  directors,  unless  lie  is  a 
notary  public  or  other  civil  officer  qualified  to  administer  oaths, 
cannot  administer  the  oath  to  subdirectors.  A  sulxlirector, 
whether  holding  over  or  elected,  can  administer  the  oath  of 
qualification. 

(c).  The  decision  of  a  tie  vote,  as  made  by  chapter  7,  laws  of 
the  eighteenth  general  assembly,  may  make  it  impossible  for 
the  person  chosen  to  qualify  on  the  third  Monday  in  March.  In 
such  case,  the  board  should  fix  a  reasonable  time  within  which 
the  person  must  qualify.  The  provisions  of  section  CS7,  Code, 
may  perhaps  apply.  See  note  (a)  above. 

SEC.  1791.    See  sections  3908,  3917,  3918,  and  3929,  Code. 

The  language  of  this  section  includes  copies  of  the  school 
laws,  school  journals,  reports,  and  all  other  publications  which 
may  be  received  by  virtue  of  being  a  school  officer. 

SEC.  1793.  (a)  If  scholars  reside  more  than  one  and  one-half 
miles  from  a  school  in  then*  own  district  and  nearer  to  a  school 


SCHOOL  LAWS  OF  IOWA.  47 

upon  by  the  respective  boards  of  directors;  but  in  case  no 
such  agreement  is  made,  they  may  attend  school  in  any 
such  adjoining  district,  with  the  consent  of  the  county  JJ 
superintendent  of  the  county  where  said  pupils  reside  and  tc 
the  board  of  directors  of  said  adjoining  district,  when  they  directora- 
reside  nearer  the  school  in  said  district,  and  one  and  a  half 
miles  or  more,  by  the  nearest  traveled  highway,  from  any 
school  in  their  own.     The  board  of  directors  of  the  town- 
ship in  which  such  children  reside,  shall  be  notified  in 
writing,  and  the  district  in  which  they  reside  shall  pay  to 
the  district  in  which  they  attend  school,  the  average  tuition 
of  said  children  per  week,  and  an  average  proportion  of  the 
contingent  expenses  of  said  district  where  they  attend 
school;  and  in  case  of  refusal  so  to  do,  the  secretary  shall 
file  the  account  for  said  tuition  and  contingent  expenses 
certified  to  by  the  president  of  his  board,  with  the  county 
auditor  of   the  county  in  which  said  children  reside,  and  SitTo? fron 
the  said  county  auditor  shall  at  the  time  of  making  the  £$c™ning  d 
next    semi-annual   apportionment  thereafter,   deduct  the 
amount  so  certified  from  the  sum  apportioned  to  the  district 
in  which  said  children  reside,  and  cause  it  to  be  paid  over 
to  the  district  in  which  they  have  attended  school. 

in  an  adjoining  district,  which  they  desire  to  attend,  application 
should  first  be  made  to  both  boards  of  directors ;  if  the  boards 
refuse  to  enter  into  an  agreement,  they  may  attend  school  in 
such  adjoining  district  with  the  consent  of  the  board  of  the  dis- 
trict where  they  desire  to  attend  and  of  the  county  superin- 
tendent of  the  county  in  which  the  children  reside. 

(b)  The  notice  referred  to  in  this  section  cannot,  be  said  to  be 
officially  transmitted  unless  signed  by  both  the  president  and 
secretary  of  the  district.    Payment  for  attendance  can  be  col- 
lected from  the  district  where  they  reside,  only  from  the  date  of 
such  notice. 

(c)  Depositing  a  letter  in  a  post-office  without  further  proof 
that  such  letter  reached  the  party  addressed,  is  not  a  legal  notice 
as  required  by  section  1793  to  secure  the  payment  of  tuition  on 
the  part  of  an  adjoining  district. 

(d)  The  average  proportion  of  tuition  and  contingent  expen- 
ses for  any  number  of  scholars  is  found  by  dividing  the  amount 
expended  for  these  purposes  in  the  subdistrict  where  they  have 
attended,  by  the  total  attendance  in  days,  and  multiplying  the 
quotient  by  the  number  of  days  said  scholars  have  attended. 
When  scholars  attend  a  graded  school,  the  average  tuition  should 
be  computed  on  the  basis  of  the  expense  of  each  pupil  in  the 
grade  or  room  in  which  such  scholars  are  placed ;  the  average 
expense  of  contingent  fund  may  be  computed  as  a  part  of  the 
whole  contingent  expense  of  such  school. 

(e)  If  scholars  reside  nearer  to  a  school  in  their  own  district, 
or  within  one  and  one-half  miles  of  one,  they  can  attend  school 
in  an  adjoining  district  at  the  expense  of  their  own  district,  only 
by  agreement  of  both  boards. 


48 


SCHOOL  LAWS  OF  IOWA. 


Residence  of 
pupils 


Pupils:  where 
attend  school. 


Divide  town- 
ships. 


SEC.  1794.  Pupils  who  are  actual  residents  of  a  district 
shall  be  permitted  to  attend  school  in  the  same,  regardless 
of  the  time  when  they  acquired  such  residence,  whether  be- 
fore or  after  the  enumeration,  or  of  the  residence  of  their 
parents  or  guardians;  but  pupils  who  are  sojourning  tem- 
porarily in  one  district,  while  their  actual  residence  is  in 
another,  and  to  whom  the  last  preceding  section  is  not  ap- 
plicable, may  attend  school  upon  such  terms  as  the  board 
of  directors  may  deem  just  and  equitable. 

SEC.  1795.  Pupils  may  attend  school  in  any  subdistrict 
of  the  district  township  in  which  they  reside  with  the  con- 
sent of  the  subdirector  of  such  subdistrict,  and  of  the  sub- 
director  of  the  subdistrict  in  which  such  pupils  reside. 

SEC.  1796.  The  board  of  directors  shall,  at  their  regular 
meeting  in  September,  or  at  any  special  meeting  called 
thereafter  for  that  purpose,  divide  their  township  into  sub- 
districts,  such  as  justice,  equity,  and  the  interests  of  the 
people  require;  and  may  make  such  alterations  of  the  bound- 

(f)  Any  other  action  than  compliance  with  the  absolute  and 
explicit  terms  of  the  law  will  render  the  collection  of  tuition 
impossible. 

Cg)  In  no  case  can  scholars  attend  school  in  a  district  in 
which  they  do  not  reside,  without  the  consent  of  the  board 
thereof.  The  distance  should,  in  all  cases,  be  computed  by  the 
nearest  public  road. 

SEC.  1794.  (a)  The  residence  of  the  scholar,  and  not  of  the 
parent,  determines  his  right  to  attend  school.  The  parent  may 
reside  in  one  district  and  the  child  in  another.  If  the  parent 
sends  him  into  another  district  to  remain  for  a  limited  period 
he  can  attend  school  only  on  such  terms  as  may  be  prescribed  by 
the  board  of  directors. 

(b)  When  there  is  a  question  of  doubt  whether  parties  are 
entitled  by  their  residence  to  school  privileges,  since  the  fact  of 
residence  depends  upon  the  intention  of  the  parties  themselves, 
their  affidavits  are  the  best  guide  to  determine  the  matter. 

SEC.  1795.  (a)  In  order  that  scholars  may  attend  in  an  ad- 
joining subdistrict  in  their  own  district  township,  it  is  nec- 
essary to  have  the  consent  of  both  subdirectors.  Since  this 
matter  is  placed  in  the  hands  of  the  subdirectors,  the  board 
have  no  control,  and  the  only  remedy  is  such  a  redistricting,  un- 
der section  1796,  as  will  better  accommodate  all  parties. 

(b)  Special  powers  delegated  to  the  subdirector  by  the  law, 
as,  for  instance,  the  control  of  the  school-house  in  his  own  sub- 
district  (section  1753),  and  the  right  to  determine  whether  schol- 
ars may  attend  from  or  in  an  adjoining  subdistrict  (section  1795), 
cannot  be  assumed  by  the  board. 

SEC.  1796.  (a)  While  this  section  provides  that  boards  may 
change  subdistrict  boundaries  at  the  regular  meeting  in  Sep- 
tember, or  at  a  special  meeting  called  for  that  purpose  between 
September  and  March,  it  must  be  understood  that  such  change 
cannot  be  made  so  late  as  to  prevent  the  notices  for  election 


SCHOOL  LAWS  OF  IOWA.  49 

of  subdistricts  heretofore  formed,  as  may  be  deemed 
ssary;  and  shall  designate  such  subdistricts,  and  all 
subsequent  alterations,  in  a  distinct  and  legible  manner, 
upon  a  plat  of  the  district  provided  for  that  purpose;  and 
shall  cause  a  written  description  of  the  same  to  be  recorded 
in  the  district  records,  a  copy  of  which  shall  be  delivered 
by  the  secretary  to  the  county  treasurer,  and  also  to  the 
county  auditor,  who  shall  record  the  same  in  his  office ;  pro- 
vided, that  the  boundaries  of  subdistricts  shall  conform  to 
the  lines  of  congressional  divisions  of  land;  and  that  the 
formation  and  alteration  of  subdistricts  as  contemplated  in 
this  section,  shall  not  take  effect  until  the  next  subdistrict 
election  thereafter,  at  which  election  a  subdirector  shall  be 
elected  for  the  new  subdistrict. 

SEC.  1797.     In  cases  where,  by  reason  of  streams  or  other  where  streams 
natural  obstacles,  any  portion  of  the  inhabitants  of  any  ?ies  interfere?" 
school  district  cannot,  in  the  opinion  of  the  county  super- 
intendent, with  reasonable  facility  enjoy  the  advantages  of 
any  school  in  their  township,  the  said  county  superintendent, 
with  the  consent  of  the  board  of  directors  of  such  district 
as  may  be  affected  thereby,  may  attach  such  part  of  said 

from  being  given  at  least  five  days  previous  to  the  election,  as 
required  by  section  1718. 

(b)  It  requires  a  vote  of  a  majority  of  all  the  members  of  the 
board  of  directors  to  make  any  changes  in  the  boundaries  of 
subdistricts.    See  section  1738. 

(c)  It  is  especially  important  that  the  county  auditor  and 
treasurer  be  officially  notified  by  the  district  secretary  whenever 
any  changes  are  made  in  the  district  township  boundaries,  by 
the  formation  of  independent  districts  or  otherwise,  to  enable 
these  officers  to  perform  their  duties  in  the  levy  of  taxes  and  the 
apportionment  and  disbursement  of  school  funds. 

(d)  By  congressional  divisions  of  land  is  meant  those  divis- 
ions authorized  by  congress  in  government  surveys,  of  which 
tke  smallest  is,  in  general,  one-sixteenth  of  a  section,  or  a  tract 
of  forty  acres  in  a  square  form.    Government  lines,  however, 
sometimes  meander  along  streams  and  other  bodies  of  water,  and 
divisions  of  land  are  thus  formed  of  less  than  forty  acres. 

SEC.  1797.  (a)  This  section  contains  the  only  provision  of 
law  under  which  a  subdistrict  can  be  formed  from  parts  of  two 
or  more  district  townships.  The  law  should  be  strictly  complied 
with,  else  the  proceedings  will  be  invalid.  Subdistricts  cannot 
be  formed  from  portions  of  two  or  more  counties. 

(b)  Streams  well  bridged  and  distance  are  not  "  natural  ob- 
stacles "  in  the  contemplation  of  the  law. 

(c)  Such  subdistricts  can  be  formed  only  by  concurrent  action 
of  the  board  of  directors  of  the  district  from  which  the  territory 
is  taken,  and  the  county  superintendent.    As  the  county  super- 
intendent has  original  concurrent  jurisdiction,  no  appeal  can  be 
taken  from  the  refusal  of  the  board  to  give  consent. 


50  SCHOOL  LAWS  OF  IOWA. 

township  to  an  adjoining  township,  and  the  order  therefor 
shall  be  transmitted  to  the  secretary  of  each  district,  and  m 
by  him  recorded  in  his  records,  and  the  proper  entry  made 
on  his  plat  of  the  district. 

Restoration  of  SEC.  1798.  (As  amended  by  Chap.  Ill,  Laws  of  1880.) 
In  all  cases  where  territory  has  been  or  may  be  set  into  an 
adjoining  county  or  township,  or  attached  to  any  independ- 
ent school  district  in  any  adjoining  county  or  township, 
for  school  purposes,  such  territory  may  be  restored  by  the 
concurrence  of  the  respective  boards  of  directors;  but  on 
the  written  application  of  two-thirds  of  the  electors  resid- 
ing upon  the  territory  within  such  township  or  independent 
district  in  which  the  school-house  is  not  situated,  the  said 
boards  shall  restore  the  territory  to  the  district  to  which  it 
geographically  belongs. 

Township  lines      SEC.  1799.     The  boundary  lines  of  a  civil  township  shall 

changed  asB<to    not  be  changed  by  the  board  of  supervisors  of  any  county, 

divide  districts.  Sp  as  to  divide  any  school  district  by  changing  the  boundary 

lines  thereof,  except  when  a  majority  of  the  voters  of  such 

district  shall  petition  therefor  ;  provided,  however,  that  this 

shall  not  prevent  the  change  of  the  boundary  lines  of  any 

civil  township,  when  such  change  is  made  by  adopting  the 

lines  of  congressional  townships. 

INDEPENDENT  DISTRICTS. 

Formation  of        SEC.  1800.     (As  amended  by  Chap.  139,  Laws  of  1880.) 

ata3ctBdent      ^y  c*ty'  town  or  village  containing  not  less  than  two 

hundred  inhabitants  within  its  limits,  may  be  constituted  a 

SEC.  1798.  (a)  This  section  was  changed  fey  chapter  111,  of 
the  eighteenth  general  assembly,  to  apply  also  to  independent 
districts. 

(b)  When  the  boundaries  of  districts  are  changed,  the  terri- 
tory transferred  carries  with  it  a  just  proportion  of  all  assets 
and  liabilities  of  the  district  from  which  it  is  taken. 

SEC.  1799.  District  township  boundaries  must  conform  to  the 
boundaries  of  civil  townships  under  the  provisions  of  section 
1713.  The  boundaries  of  independent  districts  are  not  affected 
by  the  change  of  civil  township  boundaries. 

SEC.  1800.  (a)  The  two  hundred  inhabitants  must  be  con- 
tained within  the  limits  of  the  town  or  village.  Additional  ter- 
ritory should  be  given  by  the  board  of  directors  in  forming  the 
new  independent  district.  Usually,  territory  equivalent  to 
about  four  government  sections  will  constitute  a  proper  district. 

(b)  An  independent  district  cannot  be  formed  from  a  city, 
town  or  village  situated  within  an  independent  district,  because 
no  district  township  board  can  establish  the  boundaries,  as  pro- 
vided by  sections  1801  and  1805. 

(c)  When  the  boundaries  of  cities  or  towns  are  extended,  the 
boundaries  of  their  respective  school  districts   are  not  cor- 
respondingly extended.    See  Iowa  Reports,  46, 425. 


SCHOOL  LAWS  OF  IOWA.  51 

separate  school  district;  and  territory  contiguous  to  sucli 
city,  town  or  village  may  be  included  with  it  as  a  part  of 
said  separate  district  in  the  manner  hereinafter  provided. 
The  village  herein  mentioned  shall  be  understood  to  be  a 
collection  of  inhabitants  residing  within  the  limits  of  a 
town  plat,  and  not  organized  into  a  city  or  incorporated 
town. 

SEC.  1801.  At  the  written  request  of  any  ten  legal  voters  vote  of  p«opi*. 
residing  in  such  city  or  town,  the  board  of  directors  of  the 
district  township  shall  establish  the  boundaries  of  the  con- 
templated school  district,  including  such  contiguous  terri- 
tory as  may  best  subserve  the  convenience  of  the  people  for 
school  purposes,  and  shall  give  at  least  ten  days'  previous 
notice  of  the  time  and  place  of  meeting  of  the  electors  re- 
siding in  said  district,  by  posting  written  notices  in  at  least 
five  conspicuous  places  therein;  at  which  meeting  the  said 
electors  shall  vote  by  ballot  for  or  against  a  separate  organ- 
ization. 

SEC.  1801.  (a)  The  contemplated  independent  district  must 
include  all  of  the  city,  town  or  village,  and  may  include  as  much 
contiguous  territory  as  the  board  of  directors  think  proper.  It  is 
not  limited  by  subdistrict  lines,  but  may,  if  necessary,  include  a 
part  or  all  of  two  or  more  subdistricts.  When  the  boundaries 
extend  beyond  the  limits  of  a  town  or  city,  they  must  conform 
to  lines  of  congressional  divisions  of  land.  See  note  (a)  to  sec- 
tion 1800. 

(b)  The  board  of  directors  of  the  district  township  in  which 
a  majority  of  the  voters  of  the  contemplated  independent  dis- 
trict reside,  may  establish  the  boundaries  of  said  district  with- 
out the  concurrence  of  any  other  board  of  directors,  even  when 
said  territory  is  taken  from  two  or  more  civil  or  district  town- 
ships in  the  same  or  adjoining  counties.    See  section  1805. 

(c)  The  notices  of  the  election  to  determine  the  question  of  a 
separate  organization  should  state  with  clearness  the  boundaries 
of  the  proposed  district. 

(d)  The  president  and  secretary  of  the  district  township 
should  act  as  chairman  and  secretary  of  this  meeting,  and  as 
judges  of  the  election ;  in  their  absence  a  chairman  and  secretary 
should  be  chosen  by  the  electors. 

(e)  "  All  of  the  electors  residing  within  the  proposed  limits 
must  be  x^ermitted  to  vote  on  the  question  of  separate  organiza- 
tion.*'   Fort  Dodge  City  School  District  v.  District  Township  of 
WaJikonsa,  17  Iowa,  85. 

(f)  "At  the  meeting  held  to  determine  the  question  of  sepa- 
rate organization  of  an  independent  district,  the  polls  must 
remain  open  from  9  o'clock  A.  M.  until  4  o'clock  p.  M."    District 
Toumsliip  of  Reaper  v.  Independent  District  of  Burr  Oak,  34 
Iowa,  306. 


52  SCHOOL  LAWS  OF  IOWA. 

organization  of  SEC.  1802.  (As  amended  by  Chap.  27,  Laws  of  1874,  and 
Chap.  143,  Laws  of  1880.)  Should  a  majority  of  votes  be 
cast  in  favor  of  such  separate  organization,  the  board  of 
directors  of  the  district  township  shall  give  similar  notice 
of  a  meeting  of  the  electors  for  the  election  of  six  directors. 
Two  of  these  directors  shall  hold  their  office  until  the  first 
annual  meeting  after  their  election,  and  until  their  succes- 
sors are  elected  and  qualified;  two  until  the  second,  and 
two  until  the  the  third  annual  meeting  thereafter;  their 
respective  terms  of  office  to  be  determined  by  lot.  The  six 
directors  shall  constitute  a  board  of  directors  for  the  dis- 
trict, and  they  shall,  at  their  first  regular  meeting  in  each 
year,  elect  a  president  from  their  own  number;  and  at  their 
meeting  on  the  third  Monday  in  September  in  each  year,  a 
secretary  and  treasurer  to  be  chosen  outside  of  the  board; 
provided,  that  in  all  independent  districts  having  a  popula- 
tion of  less  than  five  hundred,  there  shall  be  three  directors 
elected,  who  shall  organize  by  electing  a  president  from 

SEC.  1802.  (a)  The  first  board  of  directors  of  an  independent 
district  will  enter  upon  the  discharge  of  official  duties  as  soon  as 
qualified,  and  organize  by  electing  a  president,  a  secretary  and  a 
treasurer ;  the  term  of  office  of  the  president  will  expire  on  the 
third  Monday  in  March  following  his  election ;  of  the  secretary 
and  treasurer,  on  the  third  Monday  in  September  after  their 
election.  The  secretary  should  immediately  file  with  the  county 
superintendent,  auditor  and  treasurer,  each,  a  certificate,  show- 
ing the  officers  of  the  board,  and  their  post-office  address,  and 
should  notify  them  of  all  subsequent  changes  made  in  the  offi- 
cers of  the  board.  See  section  1736. 

(b)  In  all  independent  districts,  the  president  is  chosen  by  the 
board  from  their  own  number,  on  the  third  Monday  in  March. 
He  has  the  right  to  vote  on  all  questions  coming  before  the 
board.   Chapter  113  of  the  seventeenth  general  assembly,  amend- 
ed section  1802,  depriving  the  president  of  the  right  to  vote;  but 
this  chapter  was  repealed  by  chapter  143  of  the  eighteenth  gen- 
eral assembly,  and  hence  the  law  is  restored  to  the  present 
reading.    See  sections  1721  and  1739,  note  (a). 

(c)  The  secretary  and  treasurer  are  elected  on  the  third  Mon- 
day in  September.     In  districts  containing  over  five  hundred 
inhabitants,  they  must  be  chosen  outside  of  the  board.    In  dis- 
tricts containing  less,  the  secretary  may  or  may  not  be  chosen 
from  the  board,  but  the  treasurer  must  be  chosen  outside  of  the 
board.    This  is  the  effect  of  a  change  made  by  chapter  143  of  the 
eighteenth  general  assembly.    This  law  is  now  in  force,  and  all 
treasurers  of  such  districts  must  be  chosen  hereafter  outside  of 
the  board.   The  present  treasurers  will  fill  their  unexpired  term. 
When  chosen  outside  the  board  they  have  no  vote. 

(d)  The  last  official  census  will,  as  a  general  rule,  be  suffi- 
ciently accurate  to  determine  questions  relating  to  the  popula- 
tion ;  but  in  cases  of  doubt,  the  actual  existing  facts  govern ; 
these  facts  may  be  ascertained  by  any  reliable  means. 


SCHOOL  LAWS  OF  IOWA.  53 

their  own  number,  also  a  secretary,  who  may  or  may  not 
be  a  member  of  the  board,  and  a  treasurer,  who  shall  not 
be  a  member  of  the  board;  and  provided  further,  that  in 
all  independent  districts  already  organized,  the  terms  of 
office  of  such  directors  as  may  have  been  chosen  previous 
to  the  taking  effect  of  this  section  for  two  or  three  years, 
shall  not  be  interfered  with  by  its  passage. 

SEC.  1803.   Said  meeting  for  the  first  election  of  directors  Meeting  for. 
shall  organize  by  appointing  a  president  and  secretary,  who 
shall  act  as  judges  of  the  election,  and  issue  a  certificate  of 
election  to  the  persons  elected. 

SEC.  1804.  The  organization  of  such  independent  dis- 
trict  shall  be  completed  on  or  before  the  first  day  of  August 
of  the  year  in  which  such  organization  is  attempted,  and  tion  of  taxes- 
when  such  organization  is  thus  completed,  all  taxes  levied 
by  the  board  of  directors  of  the  district  township  of  which 
the  independent  district  formed  a  part  in  that  year,  shall 
be  void  so  far  as  the  property  within  the  limits  of  the  inde- 
pendent district  is  concerned;  and  the  board  of  directors  of 
such  independent  district  shall  levy  all  necessary  taxes  for 
school  purposes  as  provided  by  law  for  that  year  at  a  meet- 
ing called  for  that  purpose,  at  any  time  before  the  third 
Monday  of  August  of  that  year,  which  shall  be  certified  to 
the  board  of  supervisors  on  or  before  the  first  Monday  of 
September,  and  said  board  of  supervisors  shall  levy  said  tax 
at  the  time  and  in  the  manner  that  school  taxes  are  re- 
quired to  be  levied  in  other  districts. 

SEC.  1805.     In  case  such  district  is  formed  of  parts  of  when  formed 
two  or  more  civil  townships  in  the  same  or  adjoining  coun- 
ties,  the  duty  of  giving  the  notice  shall  devolve  upon  the 

(e)  In  case  the  board  fail  to  elect  an  officer  on  the  day  fixed 
by  law,  or  at  an  adjourned  meeting  the  day  of  which  was  fixed 
at  the  time  of  adjournment,  the  incumbent  holds  over  and 
should  qualify  anew.    See  section  690,  Code,  quoted  in  note  (c) 
to  section  1751.    If  the  treasurer  continues  in  office  by  reason 
of  failure  to  elect  a  successor,  his  bond  should  be  renewed  and 
he  should  produce  and  account  for  the  funds  in  his  hands,  and 
the  statement  of  such  settlement  should  be  stated  on  his  new 
bond. 

(f)  All  proceedings  connected  with  the  organization  of  the 
district  should  be  recorded  by  the  secretary  in  the  records  of  the 
district,  so  that  the  facts  concerning  its  formation  and  organi- 
zation may  be  readily  obtained  in  case  the  validity  of  the  pro- 
ceedings should  ever  be  questioned. 

SEC.  1804.  When  a  new  independent  district  is  organized,  as 
provided  by  this  section,  the  board  of  directors  have  authority 
to  determine  and  certify  all  necessary  taxes,  for  school  purposes* 
for  that  year,  including  school-house  taxes. 

SEC.  1805.  An  independent  district  composed  of  territory 
from  two  counties,  belongs,  for  school  purposes,  to  the  county 
wherein  a  majority  of  the  scholars  reside.  A  certificate  to  teach 


54 


SCHOOL  LAWS  OF  IOWA. 


Number  of 
schools  in. 

General  laws 
shall  govern. 


School-honse 
tax  voted  by 
electors. 


Annual 

meeting. 


board  of  directors  of  the  township  in  which  a  majority  of 
the  legal  voters  of  the  contemplated  district  reside. 

SEC.  1806.  Said  district  may  have  as  many  schools,  and 
be  divided  into  such  wards  or  other  subdivisions  for  school 
purposes,  as  the  board  of  directors  may  deem  proper;  and 
shall  be  governed  by  the  laws  enacted  for  the  regulation  of 
district  townships,  so  far  as  the  same  may  be  applicable. 

SEC.  1807.  It  shall  be  lawful  for  the  electors  of  any  in- 
dependent district,  at  the  annual  meeting  of  such  district, 
to  vote  a  tax,  not  exceeding  ten  mills  on  the  dollar  in  any 
one  year,  on  the  taxable  property  of  such  district,  as  the 
meeting  may  deem  sufficient  for  the  purchase  of  grounds 
and  the  construction  of  the  necessary  school-houses  for  the 
use  of  such  independent  district,  and  for  the  payment  of 
any  debts  contracted  for  the  erection  of  such  school-houses, 
and  for  procuring  a  library  and  apparatus  for  the  use  of  the 
schools  of  such  independent  district. 

SEC.  1808.  (As  amended  by  Chap.  7,  Laws  of  1880.) 
The  annual  meeting  of  all  independent  districts  shall  be 
held  on  the  second  Monday  in  March  for  the  transaction  of 
the  business  of  the  district,  and  for  the  election  by  ballot  of 
two  directors,  as  the  successors  of  the  two  whose  term  ex- 
pires, who  shall  continue  in  office  for  three  years;  and  the 
president,  secretary,  and  one  of  the  directors  then  in  office 
shall  act  as  judges  of  the  election,  and  shall  issue  certificates 
of  election  to  the  persons  elected  for  the  ensuing  term; 
provided,  that  in  all  independent  districts,  having  a  popu- 
lation of  less  than  five  hundred,  there  shall  be  elected, 

should  be  issued  by  the  superintendent  of  the  county  to  which 
it  thus  belongs,  which  certificate  is  valid  for  any  school  in  the 
district. 

SEC.  1807.  (a)  The  power  to  vote  school-house  taxes  belongs 
exclusively  to  the  electors.  The  amount  deemed  necessary,  and 
not  a  certain  number  of  mills  on  the  dollar,  should  be  voted. 
The  sums  necessary  for  the  teachers'  and  contingent  funds  are 
determined  by  the  board  of  directors. 

(b)  The  electors  frequently  assume  powers  not  granted  to 
to  them  by  the  law.  They  have  only  such  powers  as  are  specifi- 
cally enumerated  in  the  law.  See  preface  to  laws. 

SEC.  1808.  (a)  All  vacancies  which  have  occurred  in  the 
board,  during  the  preceding  year,  should  also  be  filled  by  elec- 
tion, and  the  ballot  should  designate  the  vacancy  to  be  iilled; 
the  persons  so  elected  hold  for  the  residue  of  the  unexpired 
term;  all  persons  appointed  to  fill  vacancies  in  office  hold  until 
the  next  regular  election.  See  Constitution  of  Iowa,  article 
11,  section  6 ;  also,  section  785,  Code. 

(b)  The  members  elect  enter  upon  their  duties  at  the  time  of 
the  regular  meeting  of  the  board,  on  the  third  Monday  in  March, 
For  time  and  manner  of  choosing  the  officers  of  the  board,  see 
sections  1721, 1790, 1802, 1806,  and  notes. 


SCHOOL  LAWS  OF  IOWA.  55 

annually,  one  director,  who  shall  continue  in  office  for  three 
years.  In  cases  of  a  tie  vote  in  the  election  of  director,  or  Tie  vote, 
directors,  the  secretary  shall  notify  them  to  appear  at  the 
regular  meeting  of  the  board  on  the  third  Monday  in 
March,  to  determine  their  election  by  lot  before  one  or 
more  members  of  the  board  elected,  and  the  certificate  of 
election  shall  be  given  accordingly.  Should  either  party 
fail  to  appear,  or  take  part  in  the  lot,  the  secretary  shall 
draw  for  him. 

SEC.  1809.    When    an    independent  district    has   been  Remainders 
formed  out  of  a  civil  township,  or  townships,  as  herein  ^strict  town, 
contemplated,  the  remainder  of  such  township,  or  of  each 
of   such  townships,  as  the  case  may  be,  shall  constitute  a 
district  township  as  provided  in  section  seventeen  hundred 
and  thirteen  of  this  chapter,  and  the  boundaries  between 
such  district  township  and  independent  district  may  be 
changed,  or  the  independent  district  abandoned  at  any 
time,  with  the  concurrence  of  their  respective  boards  of  di- 
rectors. 

SEC.  1810.    In  case  an  independent  district  embraces  a  when  inae- 
part  or  the  whole  of  a  civil  township  which  has  no  separate  jg°£ embraces 
district  township  organization,  upon  the  written  applica-  whole  town- 
tion  of  two-thirds  of  the  electors  residing  upon  the  terri-  ship* 
tory  of   such  independent  district  and  within  such  civil 
township  to  the  board  of  directors,  they  shall  set  off  such 
territory,  whether  provided  with  school-houses  or  not,  to 
be  organized  as  a  district  township  in  the  manner  provided 
for  such  organization  when  a  new  civil  township  is  formed. 

SEC.  1809.  (a)  The  provisions  of  this  section,  relative  to 
changing  district  boundaries,  apply  also  to  boundaries  between 
adjoining  independent  districts  in  the  same  civil  township. 
Section  1811,  and  chapter  133  of  the  seventeenth  general  as- 
sembly, as  amended  by  chapter  131  of  the  eighteenth  general  as- 
sembly, provide  for  the  change  of  boundaries  between  inde- 
pendent districts,  by  vote  of  the  electors,  and  these  are  the  only 
provisions  by  which  independent  districts  not  situated  within 
the  same  civil  township,  can  change  their  boundaries. 

(b)  The  change  of  boundaries  authorized  by  the  provisions 
of  this  section  may  be  made  at  any  time  of  year. 

(c)  Territory  transferred  from  one  district  to  another  carries 
with  it  an  equitable  proportion  of  the  assets  and  liabilities  of 
the  district  from  which  it  is  taken ;  the  district  to  which  it  is 
transferred  becomes  responsible  for  such  liabilities. 

(d)  If  the  boundary  between  an  independent  district  and  a 
district  township  is  the  line  of  the  civil  township,  it  cannot  be 
changed ;  but  if  the  independent  district  includes  a  portion  of  a 
civil  township,  the  remainder  of  which  constitutes  a  district 
township,  the  boundaries  can  be  changed. 

(e)  Where  a  change  of  boundaries  between  districts  is  de- 
sired, and  one  of  the  boards  acts  favorably  to  the  change,  a 
petition  may  be  presented  to  the  other  board  to  concur  in  that 


56 


SCHOOL  LAWS  OF  IOWA. 


Districts  may 
unite:  manner 
of. 


School  dis- 
tricts lying  in 
two  counties 
may  be  formed 
into  independ- 
ent district. 


SEC.  1811.  Independent  districts  located  contiguous  to 
each  other,  may  unite  and  form  one  and  the  same  inde- 
pendent district,  in  the  manner  following:  At  the  written 
request  of  any  ten  legal  voters  residing  in  each  of  said  in- 
dependent districts,  their  respective  hoards  of  directors 
shall  require  their  secretaries  to  give  at  least  ten  days1, 
notice  of  the  time  and  place  for  a  meeting  of  the  electors* 
residing  in  such  districts,  by  posting  written  notices  in  at 
least  five  public  places  in  each  of  said  districts,  at  which 
meetings  the  said  electors  shall  vote  by  ballot  for  or  against 
a  consolidated  organization  of  said  independent  districts; 
and  if  a  majority  of  the  votes  cast  at  the  election  in  each 
district,  shall  be  in  favor  of  uniting  said  districts,  then  the 
secretaries  shall  give  similar  notice  of  a  meeting  of  the 
electors  as  provided  for  by  the  law  for  the  organization  of 
independent  districts.  The  independent  district  thus  con- 
solidated shall  be  completed,  and  its  directors  governed  by 
the  same  provisions  of  the  law  which  apply  to  other  inde- 
pendent districts. 

SEC.  1812.  Where,  under  the  school  laws  of  the  state 
heretofore  in  force,  for  the  convenience  and  accommoda- 
tion of  the  people  school  districts  were  formed  of  portions 
1  of  two  counties  of  territory  lying  contiguous  to  each  other, 
at  the  written  request  of  five  legal  voters  residing  in  por- 
tions of  said  territory  in  each  county,  the  board  of  directors 
of  the  district  township  to  which  such  territory  belongs, 
having  a  majority  of  the  legal  voters,  shall  fix  the  bound- 
aries of  an  independent  school  district  composed  of  such 

action,  although  they  formerly  may  have  refused  to  grant  a 
similar  petition.  From  the  action  of  the  board  upon  this  peti- 
tion, refusing  to  concur,  an  appeal  may  be  taken. 

(f)  No  appeal  can  be  taken  from  the  action  of  board  taking 
the  initiatory  step,  while  it  requires  the  concurrence  of  another 
board  to  complete  the  action.    The  concurrence  or  non-concur- 
rence of  the  second  board  is  the  order  from  which  an  appeal 
may  be  taken.    See  Decisions,  pages  30  and  57. 

(g)  When  an  appeal   is  taken  from  the  proper  board,  the 
county  superintendent  must  affirm  the  action  of  one  board  or 
the  other,  but  cannot  himself  modify  the  action  of  the  board 
acting  first. 

SEC.  1812.  (a)  This  section  applies  only  to  school  districts 
formed  from  territory  lying  in  two  counties,  prior  to  1858,  which 
became  subdistricts  upon  the  adoption  of  the  district  township 
system  and  still  remain  subdistricts.  The  words  "  school  dis- 
tricts" do  not  mean  subdistricts.  The  only  school  districts 
legally  formed  from  such  territory  since  1858  are  independent 
districts. 

(b)  The  language  of  the  last  clause  is  construed  to  mean 
that  the  said  board  shall  proceed  to  call  an  election  in  the  inde- 
pendent district  for  the  election  of  officers,  as  provided  by  sec 
tion  1802. 


SCHOOL  LAWS  OF  IOWA.  57 

sections  of  land,  or  portions  thereof  as  may  be  described 
in  the  petition  therefor,  and  shall  give  at  least  ten  days1 
notice  of  the  submission  of  the  question  of  the  formation 
of  said  independent  district,  at  a  special  election  for  said  pur- 
pose, specifying  the  boundaries  of  the  district,  the  time  and 
place  of  meeting  of  the  electors  for  such  election,  at  which 
meeting  the  electors  in  the  contemplated  district  shall  vote 
by  ballot  for  or  against  the  separate  organization.  Should 
a  majority  of  the  votes  be  cast  in  favor  of  such  separate 
organization,  the  said  board  of  directors  shall  proceed  by 
ballot  to  elect  officers  in  the  manner  provided  by  law,  and 
organize  such  independent  district. 

SEC.  1813.  The  boards  of  directors  of  the  several  inde-  j 
pendent  school  districts  are  hereby  required  to  publish,  two 
weeks  before  the  annual  school  election  in  such  district,  by 
publication  in  one  or  more  newspapers,  if  any  are  published 
in  such  district,  or  by  posting  up  in  writing  in  not  less  than 
three  conspicuous  places  in  such  independent  district,  a  de- 
tailed and  specific  statement  of  the  receipts  and  disburse- 
ments of  all  funds  expended  for  school  and  building  pur- 
poses for  the  year  preceding  such  annual  election.  And 
the  said  boards  of  directors  shall  also,  at  the  same  time, 
publish  in  detail  an  estimate  of  the  several  amounts  which, 
in  the  judgment  of  such  board,  are  necessary  to  maintain 
the  schools  in  such  district  for  the  next  succeeding  school 
year;  and  failure  to  comply  with  the  provisions  of  this  sec- 
tion shall  make  each  director  liable  to  a  penalty  of  ten  dol- 
lars. 

SEC.  1814.     Township  districts  may  be  consolidated  and 
organized  as  independent  districts,  in  the  following  manner:  organized 
Whenever  the  board  of  directors  of   any  existing  district  S 
township  shall  deem  the  same  advisable,  and  also  whenever 

SEC.  1813.  (a)  This  statement  should  show  the  total  receipts 
and  expenditures  for  each  fund,  followed  by  an  estimate  of  the 
amount  required  for  each  fund  to  maintain  the  schools  for  the 
ensuing  year.  The  "  detailed  and  specific  statement  of  the  re- 
ceipts and  disbursements  of  all  funds  expended,"  should  be 
sufficiently  itemized  to  show  the  amount  received  from  each 
separate  source ;  also,  the  amount  expended  for  each  particular 
purpose. 

(b)  This  statement  is  for  the  information  of  the  electors,  but 
they  cannot  vote  upon  the  amount  of  taxes  to  be  levied  for  con- 
tingent and  teachers'  fund,  since  these  matters  are  determined 
by  the  board.  See  section  1777. 

SEC.  1814.  (a)  Any  district  township  may  organize  under  the 
provisions  of  this  section  into  a  single  independent  district,  em- 
bracing the  whole  township.  The  vote  may  be  ordered  at  any 
regular  or  special  meeting  of  the  board  and  submitted  to  the 
electors  at  any  time  of  the  year,  but  if  carried  in  the  affirmative, 
does  not  take  effect  until  the  second  Monday  in  March  following, 
when  the  directors  are  elected. 
8 


58  SCHOOL  LAWS  OF  IOWA. 

requested  to  do  so  by  a  petition  signed  by  one-third  of  the 
voters  of  the  district  township,  the  board  shall  submit  to 
the  voters  of  said  district  township,  at  a  regular  election, 
or  one  called  for  the  purpose,  the  question  of  consolidation, 
at  which  election  the  voters  of  the  district  township  shall 
vote  for  or  against  consolidation.  If  a  majority  of  votes 
shall  be  in  favor  of  such  consolidated  organization,  such 
district  township  shall  organize  on  the  second  Monday  of 
March  following  as  an  independent  district;  provided,  that 
in  townships  which  have  been  divided  into  independent  dis- 
tricts, the  duties  in  this  section  devolving  on  the  board  of 
directors  shall  be  performed  by  the  trustees  of  the  township 
to  whom  the  petition  shall  in  such  cases  be  addressed;  and 
provided  further,  that  nothing  in  this  section  shall  be  con- 
strued to  affect  independent  districts  composed  wholly  or 
mainly  of  cities  or  incorporated  towns.  Independent  dis- 
tricts may  in  like  manner  change  their  boundaries  so  as  to 
form  any  number  of  districts  less  than  the  number  of  dis- 
tricts existing  at  the  time  such  change  is  asked  for,  and 
such  changes  shall  be  specified  in  the  notices  for  a  vote 
thereon. 

Di.trtotu.wn.  ™SBP-?815-,  (f  ^.amended  by  Chap.  155  laws  of  1876.) 
ship  may  be  The  independent  districts  of  a  civil  township  may  be  con- 
-  stituted  a  district  township  in  the  manner  hereinafter  pro- 
vided.  

(b)  By  adopting  the  independent  district  system  there  will 
be  but  six  directors  in  any  case,  and  but  three  where  the  town- 
ship contains  less  than  five  hundred  inhabitants.  At  the  first 
election  the  whole  number  is  elected,  and  divided  by  lot  into 
three  classes;  after  which,  one  or  two  directors  only  will  be 
elected  annually. 

,  (c)  When  independent  districts  have  been  formed  from  the 
subdistricts  of  a  township,  they  may  also,  under  the  provisions 
of  this  section,  unite  into  one  independent  district.  In  this 
case,  the  petition  of  one-third  of  the  electors  in  the  township 
should  be  presented  to  the  township  trustees,  whose  duty  it  is 
to  call  the  meeting  to  vote  on  the  question  of  consolidated 
organization. 

(d)  The  plan  of  making  each  civil  township  an  independent 
district,  governed  by  a  board  of  directors  chosen  from  the  town- 
ship at  large,  is,  in  many  respects,  the  best  system  yet  devised. 
It  reduces  the  number  of  school  officers,  provides  for  gradual 
changes  in  the  board,  secures  uniform  taxation  for  the  support 
of  schools  throughout  the  township,  encourages  the  establish- 
ment of  graded  schools  for  advanced  scholars,  and  tends  to  the 
selection  of  teachers  according  to  the  qualifications  and  work 
required  in  each  particular  case. 

SEC.  1815.  (a)  The  electors  of  any  civil  township  which  has 
adopted  the  independent  district  organization,  may  vote  upon 
the  question  of  returning  to  the  district  township  organization, 
under  the  provisions  of  sections  1815-1820,  as  amended.  This 


SCHOOL  LAWS  OF  IOWA.  59 

SEC.  1816.    (As  amended  by  Chap.  155,  Laws  of  1876.)  Question  of 
At  the  written  request  of  one-third  of  the  legal  voters  re-  J^JJuS 
siding  in  any  civil  township,  which  is  divided  into  inde- to  be  submit- 
pendent  districts,  the  township  trustees  shall  call  a  meeting  1e 
of  the  qualified  electors  of  such  civil  township  at  the  usual 
place  of  holding  the  township  election,  by  giving  at  least 
ten  days'  notice  thereof,  by  posting  three  written  notices  in 
each  independent  district  in  the  township,  and  by  publica- 
tion in  a  newspaper  if  one  be  published  in  such  township, 
at  which  meeting  the  said  electors  shall  vote  by  ballot  for 
or  against  a  district  township  organization. 

SEC.  1817.  (As  amended  by  Chap.  155,  Laws  of  1876.)  subdiatricts 
If  a  majority  of  the  votes  cast  at  such  election  be  in  favor 
of  such  district  township  organization,  each  independent 
district  shall  become  a  subdistrict  of  the  district  township, 
and  shall  organize  as  such  subdistrict  on  the  first  Monday 
in  March  following,  by  the  election  of  a  subdirector. 

SEC.  1818.  (As  amended  by  Chap.  155,  Laws  of  1876.) 
Each  subdistrict  so  formed  shall  hold  a  meeting  on  the  first  elected- 
Monday  in  March  for  the  election  of  a  subdirector;  five  days1 
notice  of  which  meeting  shall  be  given  by  the  secretary  of 
the  old  independent  district,  by  posting  written  notices  in 
three  public  places  in  each  district,  which  notices  shall  state 
the  hour  and  place  of  the  meeting. 

amendment  operates  as  a  repeal  of  these  sections  as  found  in 
the  Code  of  1873. 

(b)  A  single  independent  district  embracing  the  whole  of  the 
civil  township  may  be  formed  under  the  provisions  of  section 
1814 ;  a  system  possessing  many  advantages  over  any  other,  in 
simplicity  of  organization,  permanency  of  officers,  uniformity 
of  taxation,  and  economy  of  management.  See  note  (d)  to  sec- 
tion 1814. 

SEC.  1816.  (a)  The  petition  provided  for  in  this  section  may 
be  presented  to  the  trustees  and  the  vote  ordered  at  any  time  of 
year. 

(b)  The  meeting  held  to  determine  the  question  of  district 
township  organization  is  a  township  meeting ;  if  the  vote  is  in 
the  affirmative,  each  and  every  independent  district  in  the  town- 
ship, except  those  composed  of  cities  or  towns,  becomes  a  sub- 
district  of  the  district  township. 

(e)  The  township  trustees  may  act  as  judges  of  this  election ; 
in  their  absence  the  electors  assembled  may  choose  a  chairman 
and  one  or  two  secretaries  to  act  as  judges.  The  polls  should 
be  kept  open  from  9  A.  M.  to  4  p.  M.  See  note  (f)  to  section 
1801. 

SEC.  1817.  The  board  of  directors  of  each  independent  district 
will  continue  to  act  until  the  third  Monday  in  March  following 
the  election,  at  which  time  a  full  statement  of  all  assets  and  lia- 
bilities of  the  district  should  be  reported  to  the  board  of  direc- 
tors of  the  district  township  when  organized. 

SEC.  1818.  For  powers  and  duties  of  this  meeting  see  sections 
1718  and  1719,  and  notes. 


00  SCHOOL  LAWS  OF  IOWA. 

Governed  as  SEC.  1819.  ( As  amended  by  Chap.  155,  Laws  of  1876.) 
cts*  District  townships  organized  under  the  provisions  of  the 
preceding  four  sections  shall  be  governed  and  treated  in  all 
respects  as  other  district  townships;  provided,  that  nothing 
in  this  act  shall  be  construed  to  affect  independent  dis- 
tricts composed  wholly  or  mainly  of  cities  or  incorporated 
towns. 

Board  to  orga-       SEC.  1820.     (As  amended  by  Chap.  155,  Laws  of  1876.) 

nize:  when.  "When  any  district  township  is  organized  under  the  pro- 
visions of  the  preceding  five  sections,  the  subdirectory 
shall  organize  as  a  board  of  directors  on  the  third  Monday 
in  March,  and  make  an  equitable  settlement  of  the  then 
existing  assets  and  liabilities  of  the  several  independent  dis- 
tricts. 

gEC<  ig21.  (As  amended  by  Chap.  121,  Laws  of  1876.) 
Independent  school  districts  shall  have  the  power  and 

borrow  money t  authority  to  borrow  money  for  the  purpose  of  redeeming 
outstanding  bonds  and  erecting  and  completing  school- 
houses,  by  issuing  negotiable  bonds  of  the  independent  dis- 
trict, to  run  any  period  not  exceeding  ten  years,  drawing  a 
rate  of  interest  not  to  exceed  ten  per  centum  per  annum, 
which  interest  may  be  paid  semi-annually,  which  said  in- 
debtedness shall  be  binding  and  obligatory  on  the  inde- 
pendent district  for  the  use  of  which  said  loan  shall  be 
made;  but  no  district  shall  permit  a  greater  outstanding 
indebtedness  than  an  amount  equal  to  five  per  centum  of 
the  last  assessed  value  of  the  property  of  the  district. 

SEC.  1819.  (a)  Upon  the  organization  of  the  district  town- 
ship, the  secretary  should  file  with  the  county  auditor  and 
treasurer  a  certified  plat  of  the  district,  and  report  to  the  county 
superintendent,  auditor,  and  treasurer,  the  name  and  address 
of  each  officer  of  the  board. 

(b)  The  district  township  meeting  should  be  held  on  the 
second  Monday  in  March,  for  the  purpose  of  voting  the  neces- 
sary school-house  taxes,  as  provided  in  section  1717. 

SEC.  1820.  (a)  Between  the  time  of  the  election  provided 
for  in  section  1816,  and  the  third  Monday  in  March  following, 
the  boards  of  directors  of  the  several  independent  districts  have 
authority  to  perform  all  necessary  acts  relating  to  the  affairs  of 
their  districts,  but  they  cannot  incur  any  indebtedness  nor  make 
any  contracts,  except  such  as  may  be  necessary  to  maintain  the 
usual  schools  of  their  districts. 

(b)  The  district  township  receives  all  the  assets  and  assumes 
all  the  liabilities  of  the  several  independent  districts.  In  case 
an  independent  district  has  issued  bonds  or  otherwise  incurred 
an  indebtedness  for  the  erection  of  a  school -house,  the  board  of 
directors  of  the  district  township  have  authority  to  apportion 
school-house  taxes  for  the  payment  of  such  indebtedness  from 
time  to  time  as  justice  and  equity  may  require. 

SEC.  1821.  (a)  Bonds  voted  under  the  provisions  of  this 
section  may  be  issued  and  sold  as  the  necessities  of  the  inde- 


SCHOOL  LAWS  OF  IOWA.  61 

SEC.  1822.  (As  amended  by  Chap.  59,  Laws  of  1880.)  Question  to  be 
The  directors  of  the  independent  district  may  submit  to  the  J^SS?4*0 
voters  of  their  district  at  the  annual  or  a  special  meeting 
the  question  of  issuing  bonds  as  contemplated  by  the  pre- 
ceding section,  giving  the  same  notice  of  such  meeting  as 
is  now  required  by  law  to  be  given  .  for  the  election  of  offi- 
cers of  such  districts,  and  the  amount  proposed  to  be  raised 
by  the  sale  of  such  bonds,  which  question  shall  be  voted 
upon  by  the  electors,  and  if  a  majority  of  all  the  votes  cast 
on  that  question  be  in  favor  of  such  loan,  then  said  board 
shall  issue  bonds  to  the  amount  voted,  in  denominations  of 
not  less  than  twenty-five  dollars,  nor  exceeding  one  thou- 
sand dollars,  due  not  more  than  ten  years  after  date,  and 
payable  at  the  pleasure  of  the  district  at  any  time  before 
due,  which  said  bonds  shall  be  given  in  the  name  of  the  in- 
dependent district  issuing  them,  and  shall  be  signed  by  the 
president  of  the  board,  and  attested  by  the  secretary,  and 
delivered  to  the  treasurer,  taking  his  receipt  therefor,  who 
shall  negotiate  said  bonds  at  not  less  than  their  par  value, 
and  countersign  the  same  when  negotiated.  The  treasurer 
shall  stand  charged  upon  his  official  bond  with  all  bonds 
that  may  be  delivered  to  him;  but  any  bond  or  bonds  not 
negotiated  may  be  returned  by  him  to  the  board. 

SEC.  1823.  If  the  electors  of  an  independent  school  dis-  Tax  for,  voted 
trict  which  has  issued  bonds  shall,  at  the  annual  meeting 
in  March  for  any  year,  fail  to  vote  sufficient  school-house 
tax  to  raise  a  sum  equal  to  the  interest  on  the  outstanding 
bonds  which  will  accrue  during  the  then  coming  year,  and 
such  proportionate  portion  of  the  principal  as  will  kquidate 
and  pay  oft  said  bonds  at  maturity,  then  it  shall  be  lawful 
for  the  board  of  such  district  to  vote  a  sufficient  rate  on 
the  taxable  property  of  the  district  to  pay  such  interest, 
and  such  proportionate  portion  of  the  principal  as  will  pay 
said  bonds  in  full  by  the  time  of  their  maturity,  and  shall 
cause  the  same  to  be  certified  and  collected  the  same  as 
other  school  taxes. 

SEC.  1824.     All  school  orders  shall  draw  lawful  interest  orders  to  bear 
after  having  been  presented  to  the  treasurer  of  the  district, la 
and  not  paid  for  want  of  funds,  which  fact  shall  be  indorsed 
upon  the  order  by  the  treasurer. 

pendent  district  require,  but  cannot  be  made  available  for  the 
purchase  of  school-house  sites. 

Cb)  Chapter  132,  of  the  eighteenth  general  assembly  provides 
for  the  refunding  of  bonded  indebtedness  by  a  two-thirds  vote 
of  the  board  of  directors,  without  a  vote  of  the  electors,  but  the 
interest  upon  bonds  so  issued  is  limited  to  seven  per  cent,  and 
the  bonds  must  run  at  least  five  years. 

SEC.  1822.  The  amendment  requires  the  bonds  to  be  attested 
by  the  secretary. 

SEC.  1824.  The  board  may  authorize  the  payment  of  interest 
not  exceeding  ten  per  cent.  If  no  rate  is  specified  in  the  order, 


62  SCHOOL  LAWS  OF  IOWA. 

SCHOOL-HOUSE   SITES. 

Districts  may         SEC.  1825.     It  shall  be  lawful  for  any  district  township 
take  real  estate  Or  independent  district  to  take  and  hold,  under  the  provis- 

f  or  sites.  .  VL    •        i   •      n  •        i  i  i         ,     , 

ions  contained  in  this  chapter,  so  much  real  estate  as  may 
be  necessary  for  the  location  and  construction  of  a  school- 
house  and  convenient  use  of  the  school;  provided,  that  the 
real  estate  so  taken,  otherwise  than  by  the  consent  of  the 
owner  or  owners,  shall  not  exceed  one  acre. 

Limitations  of      SEC.  1826.    The  site  so  taken  must  be  on  some  public 

location.          highway,  at  least  forty  rods  from  any  residence,  the  owner 

whereof  objects  to  its  being  placed  nearer,  and  not  in  any 

orchard,  garden,  or  public  park.     But  this  section  shall  not 

apply  to  any  incorporated  town. 

May  condemn.       SEC.  1827.    If  the  owner  of  any  such  real  estate  refuse 
or  neglect  to  grant  the  site  on  his  premises,  or  if  such  owner 

it  will  draw  six  per  cent.  Interest  can  be  paid  on  an  order  only 
from  the  date  of  its  presentation,  whether  the  rate  is  specified 
in  the  order  or  not. 

SEC.  1825.  (a)  Land  belonging  to  the  state  may  be  taken  for 
a  school-house  site,  and  the  county  auditor  is  the  proper  party 
to  receive  notice  for  the  state. 

(b)  A  school-house  site  of  less  than  one  acre  may  be  enlarged 
to  one  acre. 

(c)  If  the  district  cannot  establish  its  claim  to  the  school- 
house  site— owing  to  the  loss  of  the  deed,  or  for  other  reason— 
and  the  owner  refuses  to  grant  the  site,  the  district  may  avail 
itself  of  the  provisions  of  this  and  the  following  sections  and 
secure  a  site  not  to  exceed  one  acre. 

(d)  Property  encumbered,  occupied  as  a  homestead,  belong- 
ing to  minor  heirs,  or  the  public  domain,  may  be  taken  under 
the  provisions  of  this  section. 

(e)  The  acre  contemplated  in  this  section  we  think  means 
exclusive  of  highway. 

SEC.  1826.  (a)  All  sites,  except  in  incorporated  towns,  must 
be  located  on  a  public  road,  and  at  least  forty  rods  from  any 
residence  the  owner  whereof  objects  to  its  being  placed  nearer, 
whether  obtained  by  purchase  or  under  the  provisions  of  these 
sections. 

(b)  If  the  public,  with  the  knowledge  of  the  owner  of  land, 
has  claimed  and  continuously  exercised  the  right  of  using  the 
same  for  a  public  highway,  for  a  period  equal  to  that  fixed  by 
the  statute  for  the  limitation  of  real  actions,  a  complete  right  to 
the  highway  thereby  becomes  established  against  the  owner, 
unless  it  appears  that  such  use  was  by  favor,  leave,  or  mistake. 
See  22  Iowa,  457. 

(c)  "Under  the  Iowa  statute  of  limitations,  ten  years'  user  of 
a  highway  by  the  public,  under  a  claim  of  right,  will  bar  the 
owner  of  the  soil."    Iowa  Reports,  19, 123. 

SEC.  1827.  (a)  If  personal  service  cannot  be  made,  as  pro- 
vided by  sections  2001-2610,  Code,  the  notice  must  be  published 


SCHOOL  LAWS  OF  IOWA.  63 

cannot  be  found,  the  county  superintendent  of  the  county  county  super- 
in  which  said  real  estate  may  be  situated,  shall,  upon  applica-  ippiTap10 
tion  of  either  party,  appoint  three  disinterested  persons  of  Praiser8- 
said  county,  unless  a  smaller  number  is  agreed  upon  by  the  oath  of. 
parties,  who  shall,  after  taking  an  oath  to  faithfully  and  im- 
partially discharge  the  duties  imposed  on  them  by  this  chap-  TO  assess 
ter,  inspect  said  real  estate  and  assess  the  damages  which  damaee8- 
said  owner  will  sustain  by  appropriation  of  his  land  for  the 
use  of  said  house  and  school,  said  county  superintendent  Notice  to 

.    .  0          i  -I         i     i       1 1  i  •  owner. 

giving  to  the  owner  01  such  real  estate  the  same  notice  as 

is  required  for  the  commencement  of  a  suit  at  law  in  the 

district  court,  of  the  time  of  such  assessment  of  damage, 

and  make  a  report  in  writing  to  the  county  superintendent 

of  said  county,  giving  the  amount  of  damages,  description 

of  land,  and  exact  location,  who  shall  file  and  preserve  the 

same  in  his  office.     If  said  board  shall,  at  any  time  before  Deposit  of 

they  enter  upon  said  land,  for  the  purpose  of  building  said  Bum  assessed- 

house,  deposit  with  the  county  treasurer  for  the  use  of  said 

owner,  the  sum  so  assessed  as  aforesaid,  they  shall  be  thereby 

authorized  to  build  such  house,  and  maintain  the  right  to  said 

premises;  provided,  that  either  party  may  have  the  right  to 

appeal   from   said  assessment  of  damages  to  the  circuit  Appeal. 

court  of  the  county  where  such  real  estate  is  situated  within 

twenty  days  after  receiving  notice  that  such  assessment  is 

made,  which  appeal  shall  be  final;  but  such  appeal  shall 

not  delay  the  prosecution  of  work  upon  said  house,  if  said 

board  shall  pay,  or  deposit  with  the  county  treasurer,  the 

amount  so  assessed  by  such  appraisers,  and  in  no  case  shall 

four  consecutive  weeks,  previous  to  the  appraisement,  in  a  news- 
paper.   See  sections  2618-2620,  Code. 

(b)  The  appraisers  are  entitled  to  two  dollars  for  each  day's 
service,  and  ten  cents  per  mile  from  their  residence  to  the  loca- 
tion of  the  property  appraised.    See  sections  3811-3813,  Code. 

(c)  When  the  owner  of  land  taken  under  the  provisions  of 
section  1827  is  unknown  or  cannot  be  found,  it  is  not  necessary 
to  print  the  report  of  appraisement,  or  to  attempt  other  notice 
to  said  owner  than  the  printed  notice  required  by  this  section. 
See  note  (a).    It  is  sufficient  for  the  county  superintendent  to 
send  a  certified  copy  to  the  board  of  directors. 

(d)  If  the  school  board  have  deposited  with  the  county 
treasurer  the  amount  assessed  by  the  appraisers  in  accordance 
with  the  provisions  of  this  section,  we  think  the  courts  of  law 
would  hold  that  the  district  had  come  into  possession  of  the  site. 

(e)  The  money  deposited  with  the  county  treasurer  should 
be  held  for  the  benefit  of  the  owner  of  the  fee,  and  not  for  the 
mortgagee.    Attorney-general's  opinion  of  August  21, 1878. 

(f)  Since  the  receipt  of  the  treasurer  for  the  money  deposited 
with  him  for  the  owner  of  the  land  may  be  the  only  evidence 
of  title,  such  receipt  should  have  a  full  description  of  the  prop- 
erty, containing  the  proviso   of    note  (b)  of   Form   No.  15, 
and  should  be  recorded  by  the  county  recorder. 


64 


SCHOOL  LAWS  OF  IOWA. 


COBtS. 


For  school 
purposes  only ; 
when  title 
reverts. 


Timber  on 


To  county  BU 
perintendent. 


said  board  be  liable  for  costs  on  appeal,  unless  the  owner  of 
said  real  estate  shall  be  adjudged  a  greater  amount  of  dam- 
ages than  was  awarded  by  said  appraisers.  The  board  shall 
in  all  cases  pay  costs  of  the  first  assessment. 

SEC.  1828.  The  title  acquired  by  said  school  districts  in 
and  to  said  real  property,  shall  be  for  school  purposes  only, 
and  in  case  the  same  should  cease  to  be  used  for  said  pur- 
pose for  the  space  of  two  years,  then  the  title  shall  revert 
to  the  owner  of  the  fee,  upon  the  repayment  by  him  of  the 
principal  amount  paid  for  said  land  by  said  districts  with- 
out interest,  together  with  the  value  of  any  improvements 
thereon  erected  by  said  districts;  provided,  that  during  the 
time  said  site  is  used  for  school  purposes,  the  owners  of  the 
fee  shall  not  injure  or  remove  the  timber  standing  and 
growing  thereon. 

APPEALS. 

SEC.  1829.  Any  person  aggrieved  by  any  decision  or 
order  of  the  district  board  .of  directors,  in  matter  of  law  or 
of  fact,  may,  within  thirty  days  after  the  rendition  of  such 
decision,  or  the  making  of  such  order,  appeal  therefrom  to 
the  county  superintendent  of  the  proper  county. 

SEC.  1828.  (a)  No  deed  or  other  instrument  from  the  owner 
is  required  to  authorize  the  district  to  occupy  the  land  for  school 
purposes.  The  proceedings  should  be  recorded  in  full  by  the 
district  secretary. 

(b)  In  case  land  desired  for  a  school  site  is  under  mortgage, 
the  district  may  receive  from  the  owner  the  lease  of  a  portion 
not  to  exceed  one  acre,  to  be  held  by  the  district  as  long  as  used 
for  school  purposes,  and  when  no  longer  so  used  to  revert  to 
the  owner,  as  provided  by  this  section. 

SEC.  1829.  (a)  The  right  of  appeal  is  limited  to  persons  ag- 
grieved or  injuriously  affected  by  the  decision  or  order  com- 
plained of. 

(b)  After  the  expiration  of  thirty  days  the  county  superin- 
tendent cannot  entertain  an  appeal. 

(c)  All  the  decisions  or  orders  of  the  board  of  directors  are 
subject  to  revision  on  appeal ;  when  the  act  complained  of  is  of 
a  discretionary  character,  the  action  of  the  board  should  be 
sustained  unless  it  is  clearly  shown  that  the  board  violated 
law,  abused  its  discretion,  or  acted  with  manifest  injustice. 
Edwards  v.  District  Township  of  West  Point,  School  Law  De- 
cisions, page  39. 

(d)  No  appeal  can  be  taken  from  the  action  of  the  board 
taking  the  initiatory  step,  while  it  requires  the  concurrence  of 
another  board  to  complete  the  action.    The  concurrence  or  non- 
concurrence  of  the  second  board  is  the  order  from  which  an  ap- 
peal may  be  taken.     See  Decisions,  pages  30  and  57 ;  also,  note 
Cg)  to  section  1809. 


SCHOOL  LAWS  OF  IOWA.  g5 

SEC.  1830.     The  basis  of  the  proceeding  shall  be  an  affi-  Basis  of. 
davit,  filed  by  the  party  aggrieved  with  the  county  superin<- 
tendent,  within  the  time  for  taking  the  app  eal. 

SEC.  1831.     The  affidavit  shall  set  forth  the  errors  com-  Errors  stated, 
plained  of  in  a  plain  and  concise  manner. 

SEC.  1832.     The  county  superintendent  shall,  within  five  superintendent 
days  after  the  filing  of  such  affidavit  in  his  office,  notify  the  to  notify  sec- 
secretary  of  the  proper  district,  in  writing,  of  the  taking  frictY dut^of. 
of  such  appeal.     And  the  latter  shall,  within  ten  days  after 
being  thus  notified,  file  in  the  office  of  the  county  superin- 
tendent a  complete  transcript  of  the  record  and  proceedings 
relating  to  the  decision  complained  of,  which  transcript 
shall  be  certified  to  be  correct  by  the  secretary. 

SEC.  1833.    After  the  filing  of  the  transcript  aforesaid  in  Parties  notified. 
his  office,  he  shall  notify  in  writing  all  persons  adversely 

SEC.  1830.  An  affidavit  is  a  written  declaration  under  oath, 
made  without  notice  to  the  adverse  party.  See  section  36S9, 
Code.  It  must  be  sworn  to  before  some  officer  authorized  to 
administer  oaths.  A  county  superintendent  can  have  no  juris- 
diction of  an  appeal  case  until  such  affidavit  has  been  filed.  A 
notice  of  intention  to  file  an  affidavit,  a  verbal  complaint,  or  a 
petition,  is  not  sufficient  to  give  the  county  superintendent 
jurisdiction  in  appeal  cases. 

SEC.  1831.  (a)  The  affidavit  should  contain,  first,  a  statement 
of  the  decision  complained  of,  and  its  date ;  second,  a  statement 
of  the  facts  showing  that  the  appellant  has  an  interest  in  the 
decision  and  is  injuriously  affected  by  it;  third,  the  assignment 
of  errors.  See  Form  No.  46. 

(b)  This  affidavit  being  the  first  paper  filed,  care  should  be 
taken  that  the  case  is  properly  entitled,  and  this  title  should  be 
preserved  throughout  the  further  progress  of  the  appeal.  The 
date  of  filing  should  be  indorsed  upon  the  affidavit  by  the  super- 
intendent. 

SEC.  1832.  (a)  The  notice  should  describe  the  decision-  or 
order  appealed  from,  so  that  it  may  be  identified^  and  should  re- 
quire the  district  secretary  to  file  the  transcript  with  the  super- 
intendent within  the  time  specified.  The  notice  may  be  served 
personally  or  sent  by  mail. 

(b)  The  secretary  shall  make  and  forward  a  transcript  or 
copy  of  the  record  of  all  actions  of  the  board  relating  to  the  de- 
cision or  order  appealed  from,  also  of  all  petitions,  remon- 
strances, plats,  and  papers  pertaining  thereto.    The  original 
papers  must  be  preserved  with  the  district  records. 

(c)  During  the  pendency  of  an  appeal,  all  matters  must  re- 
main in  statu  quo,  and  this  can  be  enforced  by  writ  of  injunc- 
tion.   Also,  during  such  time,  no  opinion  relating  to  the  case 
will  be  given  to  interested  parties,  by  this  department.     See 
also  note  (f)  to  section  1718. 

SEC.  1833.  Notice  of  the  time  and  place  of  hearing  should  be 
given  to  the  appellant,  to  the  secretary  of  the  board,  and  to  all 


66  SCHOOL  LAWS  OF  IOWA. 

interested  of  the  time  and  place  where  the  matter  of  the 
appeal  will  be  heard  by  him. 

Hearing:  take  SEC.  1834.  At  the  time  thus  fixed  for  hearing,  he  shall 
admSSer  near.  testimony  for  either  party,  and  for  that  purpose  may 
oaths.  administer  oaths  if  necessary,  and  he  shall  make  such  de- 

cision as  may  be  just  and  equitable,  which  shall  be  final, 
unless  appealed  from  as  hereinafter  provided. 

Appeal  to  SEC.  1835.     An  appeal  may  be  taken  from  the  decision 

ofPPTbiicn        of  the  county  superintendent  to  the  superintendent  of  pub- 
no8ticeCof°n:       ^c  instruction,  in  the  same  manner  as  provided  in  this  chap- 
ter for  taking  appeals  from  the  district  board  to  the  county 

other  persons  known  to  be  interested.    The  notices  may  be 
served  personally  or  sent  by  mail. 

SEC.  1834.  (a)  County  superintendents,  in  entertaining  and 
determining  cases  appealed  from  boards  of  school  directors,  are 
not  invested  with  judicial  powers.  District  Township  of  Sioux 
City  v.  Pratt,  17  Iowa,  16.  While,  according  to  this  decision,  the 
superintendent  is  not  a  court  in  the  strict  sense  of  the  term,  he 
is  required  to  administer  oaths,  to  hear  evidence  on  both  sides, 
and  to  render  a  just  and  equitable  decision.  And  while  mere 
technicalities  should  not  be  permitted  to  preventthe  attainment 
of  justice,  it  is  not  inappropriate  that  the  superintendent  should 
be  governed  by  the  same  rules  as  to  evidence  and  practice, 
which  ordinarily  obtain  in  courts. 

(b)  In  case  of  disturbance  or  interruption  during  the  trial  of 
an  appeal  before  a  county  superintendent,  since  he  is  not  invested 
with  judicial  power,  he  has  only  the  ordinary  remedy  of  com- 
plaint to  the  proper  authorities,  as  provided  for  in  section  4009, 
Code. 

(c)  The  docket  or  minutes  of  the  superintendent  should  com- 
mence by  noting  the  filing  of  the  affidavit  of  the  appellant.    He 
will  afterwards,  as  the  acts  transpire,  record  the  sending  of  the 
notice  of  appeal  to  the  district  secretary,  the  filing  of  the  tran- 
script, the  sending  of  notices  of  the  hearing,  and  any  adjourn- 
ment of  the  case  that  may  be  granted.    At  the  trial  he  will  care- 
fully note  down  the  names  of  all  parties  appearing,  and  their 
post-office  address,  and  whether  they  appear  for  or  against  the 
appeal ;  also,  the  filing  of  all  papers  and  names  of  witnesses,  and 
in  whose  behalf  such  papers  or  witnesses  are  introduced.    The 
decision  of  the  superintendent  will  form  an  appropriate  close  of 
his  minutes.    See  Forms  47,  48,  49  and  50. 

(d)  All  testimony  must  be  given  under  oath  and  the  sub- 
stance reduced  to  writing  at  the  time  by  the  county  superintend- 
ent.   It  is  of  the  first  importance  that  the  record  of  the  testi- 
mony be  full  and  accurate,  as  the  decision  of  the  county  super- 
intendent, also  of  the  superintendent  of  public  instruction,  in 
case  the  appeal  is  carried  up,  must  be  based  upon  the  record  of 
evidence  introduced.    This  testimony  should  be  preserved  with 
the  other  papers  of  the  case. 

SEC.  1835.  (a)  Appeals  to  the  superintendent  of  public  in- 
struction are  conducted  in  the  same  manner  and  governed  by 


SCHOOL  LAWS  OF  IOWA. 

superintendent,  as  nearly  as  applicable,  except  that  lie  shall 
give  thirty  days1  notice  of  the  appeal  to  the  county  super- 
intendent, and  the  like  notice  shall  be  given  the  adverse 
party.  And  the  decision,  when  made,  shall  be  final. 

SEC.  1836.     Nothing  in  this  chapter  shall  be  so  construed  NO  money 
as  to  authorize  either  the  county  or  state  superintendent  to  leSe?: 
render  a  judgment  for  money,  neither  shall  they  be  allowed  postage.  ' 
any  other  compensation  than  is  now  allowed  by  law.    All 
necessary  postage  must  first  be  paid  by  the  party  aggrieved. 

the  same  rules,  so  far  as  applicable,  ^s  appeals  to  county  super- 
intendents. The  basis  of  the  appeal  must  be  an  affidavit 
filed  in  the  office  of  the  superintendent  of  public  instruction, 
within  thirty  days  from  the  date  of  the  decision  appealed 
from.  For  form  and  contents  of  the  affidavit,  see  notes  to  sec- 
tions 1830-1. 

Upon  the  filing  of  such  an  affidavit,  the  superintendent  of  pub- 
lic instruction  will  notify  the  county  superintendent  to  forward 
a  transcript  of  the  papers  in  the  case  within  thirty  days.  The 
original  papers  must  be  preserved  on  file  in  the  county  super- 
intendent's office.  Upon  the  filing  of  the  transcript,  thirty  days' 
notice  of  the  time  set  for  hearing  will  be  given  to  all  parties  in- 
terested. This  time  may  be  diminished,  on  the  written  agree- 
ment of  both  parties. 

(b)  At  the  hearing,  parties  interested  may  appear  personally 
or  by  attorney,  and  argue  their  cases  orally,  if  they  desire,  or 
they  may  send  written  arguments.    The  records  of  the  case  in 
the  county  superintendent's  office  will  furnish  the  data  required 
for  these  arguments.    The  records  of  cases  in  the  offices  of 
county  superintendents,  which  are  public  records,  and  should 
be  open  as  such   to   examination   by   all   parties   interested, 
will  furnish  all  needed  data  where  access  to  the  transcript 
sent  up  is  inconvenient.     The   superintendent  of  public  in- 
struction will  not  hear  original  testimony  in  the  cases  submitted 
to  him. 

(c)  Any  person  aggrieved  by  an  action  of  the  county  super- 
intendent in  refusing  to  grant  a  certificate  or  in  revoking  the 
same,  may  apply  to  him  for  a  rehearing;  the  proceedings  to  cor- 
respond as  nearly  as  possible  to  the  proceedings  in  the  case  of 
an  appeal  from  a  board  of  directors.    If  any  party  is  aggrieved 
by  the  result  of  this  investigation,  an  appeal  may  be  taken 
therefrom  to  the  superintendent  of   public   instruction.    See 
opinion  of  the  attorney-general,  School  Journal  for  June,  1867 ; 
also,  Dougherty  v.  Tracy,  School  Law  Decisions,  page  34. 

(d)  A  party  in  whose  favor  an  appeal  is  decided  has  the 
remedy  of  a  writ  of  mandamus  from  a  court  of  law,  to  enforce 
the  decision  of  appeal. 

SEC.  1836.  Payment  for  postage  in  advance  will  be  required 
with  the  affidavit.  It  is  impossible  to  tell  what  amount  of  post- 
age will  be  needed  in  each  case,  and  one  dollar  will  be  required, 
to  cover  all  needed  postage.  This  will  undoubtedly  re-imburse 
the  state  for  outlay  of  postage  in  appeal  cases. 


68 


SCHOOL  LAWS  OF  IOWA. 


Duties. 


Office  to  file 
papers  and 
documents. 


school  laws. 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

SEC.  1577.  The  superintendent  of  public  instruction 
shall  be  charged  with  the  general  supervision  of  all  the 
county  superintendents  and  all  the  common  schools  of  the 
state.  He  may  meet  county  superintendents  in  convention 
at  such  points  in  the  state  as  he  may  deem  most  suitable 
for  the  purpose,  and  by  explanation  and  discussion  endeavor 
to  secure  a  more  uniform  and  efficient  administration  of 
school  laws.  He  shall  attend  teachers'  institutes  in  the 
several  counties  of  the  state  as  far  as  may  be  consistent 
with  the  discharge  of  other  duties  imposed  by  law,  and  as- 
sist by  lecture  or  otherwise  in  their  instruction  and  man- 
agement. He  shall  render  a  written  opinion  to  any  school 
officer  asking  it,  touching  the  exposition  or  administration 
of  any  school  law,  and  shall  determine  all  cases  appealed 
from  the  decision  of  county  superintendents. 

SEC.  1578.  An  office  shall  be  provided  for  him  at  the 
seat  of  government,  in  which  he  shall  file  all  papers,  re- 
ports, and  public  documents  transmitted  to  him  by  the 
county  superintendents,  each  year  separately,  and  hold  the 
same  in  readiness  to  be  exhibited  to  the  governor,  or  to  a 
committee  of  either  house  of  the  general  assembly,  at  any 
time  when  required;  and  he  shall  keep  a  fair  record  of  all 
matters  pertaining  to  his  office. 

SEC.  1579.  (As  amended  by  Chap.  150,  Laws  of  1880.) 
After  the  adjournment  of  the  eighteenth  general  assembly, 
and  every  four  years  thereafter,  if  deemed  necessary,  he 
may  cause  to  be  printed  and  bound  in  cloth  the  school  laws 
and  all  amendments  thereto,  with  such  notes,  rulings,  forms 
and  decisions  as  may  seem  of  value  to  aid  school  officers  in 
the  proper  discharge  of  their  duties.  Appropriate  reference 
shall  be  made  to  the  previous  law  that  has  been  amended 
or  changed,  so  as  clearly  to  indicate  the  effect  of  such 
amendments  or  changes.  He  shall  send  to  each  county 
superintendent  a  number  of  copies  sufficient  to  supply  each 
school  district  in  his  county  with  one  copy  of  such  school 
laws,  with  decisions.  He  shall  also  cause  to  be  printed  and 
bound  in  paper  covers  the  school  laws,  with  notes  and  with 
forms  necessary  to  be  used  in  carrying  out  the  school  laws. 
The  distribution  of  these  laws  in  paper  covers  shall  be  made 
through  the  county  auditor,  under  the  direction  of  the 
secretary  and  auditor  of  state,  who  shall  determine  the 
price,  covering  the  cost  to  the  state,  at  which  they  shall  be 
sold  to  any  party;  provided,  that  he  shall  furnish  each  of 
the  members  of  the  boards  of  directors  with  one  copy  of 
the  laws  bound  in  paper  covers,  which  shall  be  turned 
over  to  their  successors  in  office.  After  such  sessions  of 
the  general  assembly  as  the  state  superintendent  shall  not 
deem  it  necessary  to  publish  the  laws  as  provided  for  in 
this  section,  he  shall  cause  to  be  published  in  pam- 
phlet form  all  the  amendments  to  (he  school  laws 


SCHOOL  LAWS  OF  IOWA.  69 

passed  by  such  general  assembly,  in  sufficient  numbers  to 
supply  each  of  the  county  superintendents  and  school  offi- 
cers of  the  state  with  one  copy  free  of  charge,  which  said 
amendments  shall  be  sent  to  the  several  county  superin- 
tendents for  distribution. 

SEC.  1580.     (Repealed  by  Chap.  102,  Laws  of  1878.) 

SEC.  1581.     He  may,  if  he  deem  it  expedient,  subscribe  May  subscribe 
for  a  sufficient  number  of  the  Iowa  School  Journal,  or  of  jS^JJ01 
such  other  educational  journal  published  in  the  state  as  he 
may  select,  to  furnish  each  county  superintendent  with  one 
copy,  and  his  certificate  of  having  thus  subscribed  shall  be 
authority  for  the  auditor  of  state  to  issue  his  warrant  for 
the  amount  of  said  subscriptions;  provided,  he  shall  cause 
to  be  inserted'  in  the  journal  he  may  so  select  a  correct  copy 
of  any  decision  he  may  deem  it  necessary  to  make  for  the 
efficient  carrying  out  of  the  school  law. 

SEC.  1582.     He  shall  annually,  on  the  first  day  of  Janu-  Report  to  auai- 
ary,  report  to  the  auditor  of  state  the  number  of  persons  in  ° 
each  county  between  the  ages  of  five  and  twenty-one  years. 

SEC.  1583.  He  shall  make  a  report  to  the  general  as-  Report  to  each 
sembly,  at  each  regular  session  thereof,  which  shall  em-  £f^re™i88lon 
brace,  first,  a  statement  of  the  condition  of  the  common  assembly, 
schools  of  the  state ;  the  number  of  district  townships  and 
subdistricts  therein;  the  number  of  teachers;  the  number 
of  schools;  the  number  of  school-houses,  and  the  value 
thereof;  the  number  of  persons  between  five  and  twenty- 
one  3rears  of  age;  the  number  of  scholars  in  each  county 
that  have  attended  school  the  previous  year,  as  returned  by 
the  several  county  superintendents;  the  number  of  books 
in  the  district  libraries;  and  the  value  of  all  apparatus  in 
the  schools,  and  such  other  statistical  information  as  he 
may  deem  important.  Second,  such  plans  as  he  may  have 
matured  for  the  more  perfect  organization  and  efficiency  of 
common  schools.  He  shall  cause  one  thousand  copies  of 
his  report  to  be  printed,  and  shall  present  it  to  the  general 
assembly  on  the  second  day  of  its  session. 

SEC.  1584.  Whenever  reasonable  assurance  shall  be  May  appoint 
given  by  the  county  superintendent  of  any  county  to  the  fut 
superintendenfc  of  public  instruction,  that  not  less  than  ation  for- 
twenty  teachers  desire  to  assemble  for  the  purpose  of  hold- 
ing a  teachers1  institute  in  said  county,  to  remain  in  session 
not  less  than  six  working  days,  he  shall  appoint  the  time 
and  place  of  said  meeting,  and  give  due  notice  thereof  to 
the  county  superintendent;  and  for  the  purpose  of  defray- 
ing the  expenses  of  said  institute,  there  is  hereby  appro- 
priated, out  of  any  moneys  in  the  state  treasury  not  other- 
wise appropriated,  a  sum  not  exceeding  fifty  dollars  an- 
nually for  one  such  institute  in  each  county  held  as  afore- 
said, which  the  said  superintendent  shall  immediately  trans- 
mit to  the  county  superintendent  in  whose  county  the 
institute  shall  be  held,  who  shall  therewith  defray  the 
necessary  expenses  of  the  institute,  and,  if  any  bs^ance 


70 


SCHOOL  LAWS  OF  IOWA 


remains,  he  shall  pay  the  same  into  the  county  treasury, 
and  the  same  shall  be  credited  to  the  teachers'  fund. 


STATE   UNIVERSITY. 


objects  of:  SEC.  1585.     The  objects   of  the  state  university,  estab- 

course  of  study  Hshed  by  the  constitution  at  Iowa  City,  shall  be  to  provide 
the  best  and  most  efficient  means  of  imparting  to  young 
men  and  women  on  equal  terms,  a  liberal  education  and 
thorough  knowledge  of  the  different  branches  of  literature, 
the  arts  and  sciences,  with  their  varied  applications.  The 
university,  so  far  as  practicable,  shall  begin  the  courses  of 
study  in  its  collegiate  and  scientific  departments,  at  the 
points  where  the  same  are  completed  in  high  schools;  and 
no  student  shall  be  admitted  who  has  not  previously  com- 
pleted the  elementary  studies,  in  such  branches  as  are 
taught  in  the  common  schools  throughout  the  state. 

SEC.  1586.  The  university  shall  never  be  under  the  ex- 
clusive control  of  any  religious  denomination  whatever. 

SEC.  1587.  (As  amended  by  Chap.  147,  Laws  of  1876.) 
The  university  shall  be  governed  by  a  board  of  regents,  con- 
sisting of  the  governor  of  the  state,  who  shall  be  president 
of  the  board  by  virtue  of  his  office,  the  superintendent  of 
public  instruction,  who  shall  be  a  member  by  virtue  of  his 
office,  and  the  president  of  the  university,  who  shall  also 
be  a  member  by  virtue  of  his  office,  together  with  one  per- 
son from  each  congressional  district  of  the  state,  who  shall 

be  elected  by  the  general  assembly. 

#  #  *  #  *          *          # 

SEC.  1589.  The  university  shall  include  a  collegiate, 
scientific,  normal,  law,  and  such  other  departments,  with 
such  courses  of  instruction  and  elective  studies  as  the  board 
of  regents  may  determine;  and  the  board  shall  have  author- 
ity to  confer  such  degrees,  and  grant  such  diplomas  and 
other  marks  of  distinction  as  are  usually  conferred  and 
granted  by  other  universities. 


Control  of. 


Governed  by 
board  of 
regents. 


Department  and 
courses  of 
instruction. 


J)0 


ts  to  ap- 
t  a  presi- 


compensatiou 
of  officers. 


SEC.  1596.  The  board  of  regents  shall  enact  laws  for  the 
government  of  the  university,  and  shall  appoint  a  president 
an(l  the  requisite  number  of  professors  and  tutors,  together 
with  such  other  officers  as  they  may  deem  expedient,  and 
shall  determine  the  salaries  of  such  officers,  the  compensa- 
tion of  the  secretary  and  treasurer,  and  the  amount  of  fees 
to  be  paid  for  tuition.  They  shall  remove  any  officer  con- 

SEC.  1585.  Chapter  115  of  the  laws  of  the  seventeenth  general 
assembly  changed  the  provisions  of  section  1585,  preventing  the 
use  of  university  funds  for  the  support  of  a  preparatory  depart- 
ment, heretofore  sustained  by  the  university.  Students  are  now 
required  to  come  prepared  to  enter  upon  collegiate  studies.  Foi 
terms  of  admission  to  the  university,  apply  to  the  president  ot 
the  university,  at  Iowa  City. 


SCHOOL  LAWS  OF  IOWA.  71 

nected  with  the  university,  when,  in  their  judgment,  the 
good  of  the  institution  requires  it. 

SEC.  1597.     The  board  of  regents  is  authorized  to  expend  Purchase  ap- 
such  portion  of  the  income  of  the  university  fund  as  it  may  §brar>%tc. 
deem  expedient,  in  the  purchase  of  apparatus,  library,  and 
a  cabinet  of  natural  history,  in  providing  suitable  means  to 
keep  and  preserve  the  same,  and  in  procuring  all  other 
necessary  facilities  for  giving  instruction. 

SEC.  1598.     All  specimens  of  natural  history  and  geolog-  cabinet  of  nat- 

i  i-  i        •      i  •  i  •    i  i  PI        ural  history 

ical  and  mmeralogical  specimens,  which  are  or  hereafter 
may  be  collected  by  the  state  geologist  of  Iowa,  or  by  any 
others  appointed  by  the  state  to  investigate  its  natural  his- 
tory and  physical  resources,  shall  belong  to  and  be  the 
property  of  the  state  university,  and  shall  form  apart  of 
its  cabinet  of  natural  history,  which  shall  be  under  the 

charge  of  the  professor  of  that  department. 

#  *  *  *  #          *          # 


SEC.  1600.  The  president  of  the  university  shall  make  a 
report  on  the  fifteenth  day  of  September  preceding  the  p( 
meeting  of  the  general  assembly,  to  the  board  of  regents, 
which  shall  exhibit  the  condition  and  progress  of  the  insti- 
tution in  its  several  departments,  the  different  courses  of 
study  pursued  therein,  the  branches  taught,  the  means  and 
methods  of  instruction  adopted,  the  number  of  students, 
with  their  names,  classes,  and  residences,  and  such  other 
matters  as  he  may  deem  proper  to  communicate. 

SEC.  1601.     The  board  of  regents  shall,  on  the  first  day  Regents  to  re- 
of  October  preceding  each  regular  meeting  of  the  general  j^ndJnt  ofpSS 
assembly,  make  a  report  to  the  superintendent  of  public  KG  instruction. 
instruction,  which  report,  with  that  of  the  president  of  the 
university,  shall  be  embodied  in  the  said  superintendent's 
report  to  the  general  assembly.     The  report  of  the  board 
of  regents  shall  contaki  the  number  of  professors,  tutors,  • 
and  other  officers,  with  the    compensation  of   each,  the 
condition  of  the  university  fund,  and  the  income  received 
therefrom,  the   amount  of    expenditures,  and  the  items 
thereof,  with  such  other  information  and  recommenda- 
tions as  they  may  deem  expedient  to  lay  before  the  general 
assembly. 

COUNTY   HIGH  SCHOOLS. 

SEC.  1697.     Each  county   having  a  population  of  two  May  be  ««ub- 
thousand  inhabitants  or  over,  as  shown  by  the  last  state  or    E 
federal  census,  may  establish  a  high  school  on  the  condi- 
tions and  in  the  manner  hereinafter  prescribed,  for  the 
purpose  of  affording  better  educational  facilities  for  pupils 
more  advanced  than  those  attending  district  schools,  and 
for  persons  desiring  to  fit  themselves  for  the  vocation  of 
teaching. 

SEC.  1698.     When  one-third  of  the  electors  of  a  county, 
as  shown  by  the  returns  of  the  last  preceding  election,  shall  published 


72  SCHOOL  LAWS  OF  IOWA. 

petition  the  board  of  supervisors  requesting  that  a  county 
high  school  be  established  in  their  county  at  the  place  in 
said  petition  named,  then,  or  when  said  board  in  its  discre- 
tion shall  deem  proper,  said  board  shall  give  twenty  days' 
motice  previous  to  the  next  general  election,  or  previous  to 
a  special  election  duly  called  for  that  purpose,  that  they 
will  submit  the  question  to  the  electors  of  said  county 
whether  such  high  school  shall  be  established;  at  which 
election  said  electors  shall  vote  by  ballot,  for  or  against 
establishing  such  county  high  school.  The  notice  con- 
templated in  this  section  shall  be  given  through  one  or 
more  newspapers  published  in  said  county,  if  any  be  pub- 
lished therein,  and  by  at  least  one  written  or  printed  notice 
to  be  posted  in  each  township. 

votes  can-  SEC.  1699.     After  said  election,  the  ballots  on  said  ques- 

Ippo^ted"8teea  ti°n  snall  be  canvassed  in  the  same  manner  as  in  the  elec- 
quaiiUcation  of.  tion  for  county  officers;  and  if  a  majority  of  all  the  votes 
cast  on  said  question  shall  be  in  favor  of  establishing  said 
school,  the  board  of  supervisors  shall  immediately  proceed 
to  appoint  six  persons,  who  shall  be  residents  of  the  county, 
but  not  more  than  two  of  whom  shall  be  residents  of  the 
same  township,  who  shall,  with  the  county  superintendent 
of  common  schools,  constitute  a  board  of  trustees  for  said 
high  school.  Each  of  said  trustees  appointed  as  aforesaid 
shall  hold  his  office  until  his  successor  is  elected  and  quali- 
fied, and  shall  be  required,  within  ten  days  after  appoint- 
ment, to  qualify  by  taking  the  oath  of  office,  and  giving 
such  bond  as  may  be  required  by  the  said  board  of  super- 
visors, for  the  faithful  discharge  of  his  duties. 

Trustees  ciassi-  SEC.  1700.  At  the  next  general  election  after  said  ap- 
fied:  election  of.  p0jntment,  there  shall  be  elected  in  said  county  six  high 
school  trustees,  who  shall  be  divided  into  three  classes  of  two 
each;  each  class  to  hold  their  office  one,  two,  and  three 
years,  respectively,  and  their  respective  terms  to  be  decided 
by  lot.  And  each  year  thereafter  there  shall  be  two  such 
trustees  elected  to  succeed  those  whose  term  is  about  to  expire. 
And  said  trustees  shall  qualify  and  enter  upon  the  duties  of 
their  office  in  the  same  manner,  and  at  the  same  time  as 
other  county  officers. 

county  superin  SEC.  1701.  The  county  superintendent  shall,  by  virtue 
dSfteof  board.  °^  ^s  office,  be  president  of  said  board  of  trustees,  and  at 
their  first  meeting  in  each  year,  they  shall  appoint  from 
their  own  number  a  secretary  and  treasurer,  who  shall  per- 
form the  usual  duties  devolving  upon  such  officers  for  the 
term  of  one  year,  or  until  their  successors  are  appointed  to 
take  their  places. 

Trustees  to  SEC.  1702.    At  said  meeting,  or  at  some  succeeding  meet- 

oQfafui!df:mu«    ing  called  for  such  purpose,  said  trustees  shall  make  an 
for  ie«ed.         estimate  of  the  amount  of  funds  needed  for  building  pur- 
poses, for  payment  of  teachers1  wages,  and  for  contingent 
expenses,  and  they  shall  present  to  the  board  of  supervisors 
a  certified  estimate  of  the  rate  of  tax  required  to  raise  the 


SCHOOL  LAWS  OF  IOWA.  73 

amount  desired  for  such  purposes.  But  in  no  case  shall 
the  tax  for  such  purposes  exceed  in  one  year  the  amount  of 
five  mills  on  the  dollar  on  the  taxable  property  of  the 
county,  and,  when  the  tax  is  levied  for  the  payment  of 
teachers'  wages  and  contingent  expenses  only,  shall  not 
exceed  two  mills  on  the  dollar. 

SEC.  1703.  The  said  tax  shall  be  levied  and  collected  in 
the  same  manner  as  other  county  taxes,  and  when  collected 
the  county  treasurer  shall  pay  the  same  to  the  treasurer  of 
the  county  high  school,  in  the  same  manner  that  school 
funds  are  paid  to  the  district  treasurers  as  required  by  law. 

SEC.  1704.  The  said  treasurer  of  the  high  school  shall 
give  such  additional  bond  as  the  board  of  trustees  may  bonds:  accounts 
deem  sufficient,  and  receive  all  moneys  from  the  county 
treasurer,  and  from  other  parties,  that  belong  to  the  funds 
of  said  school,  and  pay  the  same  out  only  by  direction  of 
the  board  of  trustees,  upon  orders  duly  executed  by  the 
president,  countersigned  by  the  secretary  thereof,  stating 
the  purpose  for  which  they  were  drawn.  Both  the  secre- 
tary and  treasurer  shall  keep  an  accurate  account  of  all 
moneys  received  and  expended  for  said  school;  and  at  the 
close  of  each  year,  and  as  much  oftener  as  required  by  the 
board,  they  shall  make  a  full  statement  of  the  financial 
affairs  of  the  school. 

SEC.  1705.  The  said  board  of  trustees  shall  proceed  as 
soon  as  practicable  after  their  appointment  as  aforesaid,  to  purchase  ma- 
select  the  best  site,  in  accordance  with  the  vote  of  the 
county,  that  can  be  obtained  without  expense  to  the  same, 
and  the  title  thereof  shall  be  vested  in  said  county.  They 
shall  then  proceed  to  make  such  purchases  of  material,  and 
to  let  such  contracts  for  their  necessary  school  buildings,  as 
they  may  deem  proper,  but  shall  not  make  any  purchase  or 
contract  in  any  year  to  exceed  the  amount  on  hand,  and  to 
be  raised  by  the  levy  of  tax  that  year. 

SEC.  1706.  When  said  board  of  trustees  shall  have  fur- 
nished  a  suitable  building  for  the  school,  they  shall  employ  era:  model 
some  competent  teacher  to  take  charge  of  the  same,  and 
furnish  such  assistant  teachers  as  they  deem  necessary,  and 
provide  for  the  payment  of  their  salaries.  As  far  as  prac- 
ticable, model  schools  shall  be  encouraged;  and  advanced 
students,  and  those  preparing  to  become  teachers,  may  be 
employed  a  portion  of  their  time  in  teaching  the  younger 
pupils,  in  order  that  they  may  become  familiar  with  the 
practice  as  well  as  theory  of  successful  school  teaching,  and 
also  avoid,  as  far  as  practicable,  the  expense  of  employing 
other  assistant  teachers. 

•  SEC.  1707.    Tuition  shall  be  free  to  all  pupils  of  such  o 

school  residing  in  the  county  where  the  same  is  located,  oouaty:  tnu- 
The  board  of  trustees,  however,  shall  make  such  general 
rules  and  regulations  as  they  deem  proper  in  regard  to  age 
and  grade  of  attainments  essential  to  entitle  pupils  to  ad- 

10 


74 


SCHOOL  LAWS  OF  IOWA. 


Pupils  from 
other  counties 
admitted. 


Rules  and 
regulations. 


Trustees  to 
report  to  su- 
pervisors: con- 
tents. 


Vacancies  in 
board  filled  by 
supervisors. 


Compensation 
of  trustees. 


mission  in  the  school.  If  there  should  be  more  applicants 
than  can  be  accommodated  at  any  time,  each  district  shall 
be  entitled  to  send  its  equal  proportion  of  pupils,  according 
to  the  number  of  pupils  it  may  have,  as  shown  by  the  last 
report  to  the  county  superintendent  of  common  schools. 
And  the  boards  of  the  respective  school  districts  shall  desig- 
nate such  pupils  as  may  attend. 

SEC.  1708.  If,  at  ajay  time,  the  school  can  accommodate 
more  pupils  than  apply  for  admission  from  that  county, 
the  vacancies  may  be  filled  by  applicants  from  other  coun- 
ties, upon  the  payment  of  such  tuition  as  the  board  of 
trustees  may  prescribe;  but  at  no  time  shall  such  pupils 
continue  in  said  school  to  the  exclusion  of  pupils  belonging 
in  the  county  in  which  such  high  school  is  situated. 

SEC.  1709.  The  principal  of  any  such  high  school,  with 
the  approval  of  the  board  of  trustees,  shall  make  such  rules 
and  regulations  as  he  deems  proper  in  regard  to  the  studies, 
conduct  and  government  of  the  pupils  under  his  charge, 
and  if  any  such  pupils  will  not  conform  to  and  obey  the 
rules  of  the  school,  they  may  be  suspended  or  expelled 
therefrom  by  the  board  of  trustees. 

SEC.  1710.  The  said  board  of  trustees  shall  annually 
make  a  report  to  the  board  of  supervisors  of  their  county, 
which  shall  specify  the  number  of  students,  both  male  and 
female,  who  have  been  in  attendance  at  the  county  hi^h 
school  during  the  year,  the  branches  of  learning  taught,  the 
text-books  used,  the  number  of  teachers  employed,  the 
amount  of  salary  paid  to  them,  the  amount  expended  for 
library  and  apparatus,  and  for  buildings  and  all  other  ex- 
penses; also,  the  amount  of  funds  on  hand,  debts  unpaid, 
and  other  information  deemed  important  or  expedient  to 
report.  Said  report  shall  be  printed  in  at  least  one  news- 
paper in  the  county,  if  any  is  published  therein,  and  a  copy 
of  the  report  shall  be  forwarded  to  the  state  superintendent 
of  public  instruction. 

SEC.  1711.  The  board  of  supervisors  shall  have  power  to 
fill  any  vacancy  that  may  occur  in  the  board  of  trustees 
of  that  county,  by  appointment,  until  the  next  general 
election,  and  a  majority  of  such  board  of  trustees  shall  be  a 
quorum  for  the  transaction  of  business. 

SEC.  1712.  The  board  of  supervisors  may  allow  each 
member  of  the  board  of  trustees  the  sum  of  two  dollars 
per  day  for  the  time  actually  employed  in  the  discharge  of 
his  official  duties,  and  when  such  accounts  are  presented  for 
payment,  they  shall  be  audited  and  paid  out  of  the  county 
treasury,  in  the  same  manner  as  other  accounts  against  the 
county,  and  said  trustees  shall  not  be  entitled  to  any  fur- 
ther remuneration  for  services  or  expenses. 


SCHOOL  LAWS  OF  IOWA.  75 


LAWS   OF   THE   FIFTEENTH,    SIXTEENTH,   SEVEN- 
TEENTH AND  EIGHTEENTH  GENERAL 
ASSEMBLIES. 


CHAPTER  64,  LAWS  OF  1874. 

INDUSTKIAL     EXPOSITIONS     IN     SCHOOLS. 

SECTION  1.  It  shall  be  the  duty  of  the  board  of  directors 
of  independent  school  districts,  and  the  subdirector  of  each 
subdistrict,  if  they  should  deem  it  expedient,  under  the  di- 
rection  of  the  county  superintendent,  to  introduce  and  intendent. 
maintain  an  industrial  exposition  in  connection  with  each 
school  under  their  control  within  this  state. 

SEC.  2.  These  expositions  shall  consist  of  useful  articles  TO  consist  of 
made  by  the  pupils,  such  as  samples  of  sewing,  and  cooking 
of  all  kinds,  knitting,  crocheting,  and  drawing,  iron  and 
wood-work  of  all  kinds,  from  a  plain  box  or  horseshoe  to  a 
house  or  steam-engine  in  miniature;  also,  all  other  useful 
articles  known  to  the  industrial  world,  or  that  may  be  in- 
vented by  the  pupils,  in  connection  with  farm  and  garden 
products  in  their  season,  that  are  the  results  of  their  own 
toil. 

SEC.  3.  The  pupils  shall  be  required  to  explain  the  use  and 
method  of  their  work,  and  kind  and  process  of  culture  of 
farm  and  garden  products. 

SEC.  4.     The  parents  and  friends  of  pupils  shall  be  allowed      asad 
and  requested  to  be  present  at  said  expositions.  friends. 

SEC.  5.     Ornamental  work  shall  be  encouraged  when  ac-  °0n£menfcal 
companied  by  something  useful  made  by  the  same  pupil. 

SEC.  6.     These  expositions  shall  be  held  in  the  school  room  ^J^*®1 
upon  a  school  day  as  often  as  once  a  term,  and  not  of tener  how  often. 
than  once  a  month. 


70 


SCHOOL  LAWS  OF  IOWA. 


CHAPTER  67,  LAWS  OF  1874. 


VOTING  ON  SCHOOL  TAXES. 


SECTION  1.    All  school  districts  lying  in  two  adjoining 
mayvo  counties  shall  have  the  right  to  vote  mills,  instead  of  spe- 

BCh°°1         Slims>  f°r  school  purposes. 


Training  school 
established, 
Cedar  Falls. 


Controlled  by 
board  of  di- 
rectors. 

ticm  elected. 


Compensation. 


Convene  when. 


Elect  officers. 


CHAPTER  129,  LAWS  OF  1876. 
(As  amended  by  Chapter  142,  Laws  of  1878.) 
STATE  NORMAL  AND  TRAINING  SCHOOL. 

SECTION  1.  A  school  for  the  special  instruction  and 
training  of  teachers  for  the  common  schools  of  this 
state  is  hereby  established  at  Cedar  Falls,  in  Black  Hawk 
county. 

SEC.  2.  The  school  shall  be  under  tfoe  management  and 
control  of  a  board  of  directors  consisting  of  six  members, 
no  two  of  whom  shall  be  from  the  same  county.  They 
shall  be  elected  by  the  general  assembly,  two  for  two  years, 
two  for  four  years,  and  two  for  six  years,  and  the  general 
assembly  shall  elect  two  members  of  said  board  every  two 
years,  for  the  full  term  of  six  years  as  the  terms  of  office  of 
the  respective  classes  expire.  Their  term  of  office  shall 
commence  on  the  1st  day  of  June  following  their  election. 
No  member  of  the  board  shall  be  a  teacher  in  the  school  or 
receive  other  compensation  for  his  services  than  a  re-im- 
bursement  of  his  actual  expenses  to  be  certified  to  by  him 
and  paid  out  of  the  state  treasury.  Any  vacancy  occurring 
in  the  board  shall  be  filled  by  the  appointment  of  the  gov- 
ernor. 

SEC.  3.  The  board  shall  convene  at  the  call  of  the  super- 
intendent of  public  instruction  on  or  before  June  15,  1876, 
and  having  each  qualified  according  to  law,  shall  organize 
by  the  election  of  a  president  and  vice-president  from  their 
number,  and  a  secretary  and  a  treasurer,  who  shall  be  per- 
sons not  members  of  the  board.  The  secretary  shall  receive 
such  compensation  as  may  be  fixed  by  the  board  not  to 
exceed  the  sum  of  one  hundred  dollars  and  actual  traveling 
expenses.  The  treasurer  shall  receive  re-imbursement  or 
actual  expenditures. 


SCHOOL  LAWS  OF  IOWA.  77 

SEC.  4.     The  board  shall  require  a  bond  in  the  sum  of  officers  to 
twenty  thousand  dollars  of  the  treasurer  with  proper  and  ^ bend* 
sufficient  sureties,  conditional  for  the  safe  keeping  of  funds 
coming  into  his  hands.     He  shall  receive  and  disburse  all 
moneys  hereby  appropriated,  and  any  other  funds  as  the 
board  may  provide.     The  board  may  require  of  any  officer 
or  employe  who  may  be  authorized  to  receive  or  pay  out 
money  a  like  bond. 

SEC.  5.    It  shall  be  the  duty  of  the  board,  in  every  nee-  Board  to  es- 
essary  manner  with  the  means  at  their  disposal,  to  provide  an^m80^001 
for  and  carry  out  the  object  for  which  the  school  is  estab-  teachers, 
lished.    For  that  purpose  they  shall  employ  competent  and 
suitable  teachers,  and  other  employes.    They  shall  direct, 
use,  and  control  all  the  property  of  the  state  coming  into 
their  hands  for  that  purpose.     They  shall  control  and  direct  Make  rules 
the  expenditure  of  all  moneys.    They  shall  make  allneces-  o 
sary  rules  for  the  management  of  the  school  and  the  gov- 
ernment thereof,  and  shall  provide  for  the  admission  of  pu- 
pils from  the  several  counties  of  the  state  in  proportion  to 
their  respective  population  and  upon  the  appointment  of 
respective  boards  of  supervisors,  or  as  the  board  may  direct. 
They  shall  establish  and  publish  uniform  rules  for  the  ad- 
mission of  pupils  thereto  and  such  rules  shall  provide  for 
equal  rights  in  said  school  to  all  the  teachers  in  the  state, 
but  they  shall  require  in  all  cases  satisfactory  evidence  01 
the  good  character  of   the  pupil.     They  shall  also  further 
require  all  pupils  upon  their  admission  to  the  school  to  sign 
a  statement  of  their  intention  in  good  faith  to  follow  the 
business  of  teaching  in  the  schools  of  the  state.    It  shall 
also  be  the  duty  of  the  board  to  make  all  possible  and  nec- 
essary arrangements  with  the  means  at  their  disposal  for 
the  boarding  and  lodging  of  pupils,  but  the  pupils  shall 
pay  the  cost  of  the  same.     They  shall  require  each  pupil  to  Require  fee  for 
pay  a  fee  for  contingent  expenses  amounting  to  not  more 
than  one  dollar  per  month.     The  school  shall  be  open  dur- 
ing such  part  of  the  year  as  the  board  shall  determine  but 
the  session  shall  continue  at  least  twenty-six  weeks.    The 
board  of    directors   may    in  their   discretion    charge  the 
pupils  with  a  tuition  fee  not  exceeding  six  dollars  per 
term,  if  such  charge  shall  be  necessary  in  order  to  the  Tuition, 
proper  support  of  the  school  as  provided  by  law. 

SEC.  6.    At  the  close  of  the  year,  and  on  or  before  the  Trustees  to 
first  day  of  July,  1876,  it  shall  be  the  duty  of  the  board  of  SSS «?" 
trustees  of  the  Iowa  soldiers'  orphans'  home,  to  deliver  over  f^iver  buUd" 
to  the  board  of  directors  provided  for  herein,  the  buildings 

CHAPTER  129,  LAWS  OF  1876. 

SECTION  5.  This  section  was  amended  by  Chapter  142,  of  the 
seventeenth  general  assembly,  authorizing  the  board  of  directors 
to  charge  a  tuition  fee.  For  terms  of  admission  to  the  school, 
apply  to  the  principal  of  the  normal  school,  at  Cedar  Falls. 


78 


SCHOOL  LAWS  OF  IOWA. 


Directors  to 
prepare  build 
ing  and  open 
school. 


and  grounds  at  Cedar  Falls,  Iowa,  now  occupied  by  said 
home,  transferring  for  that  purpose  the  inmates  of  said 
home  to  the  home  at  Davenport.  They  shall  also  at  the 
same  time  turn  over  in  like  manner  all  the  personal  prop- 
erty at  said  home  at  Cedar  Palls,  except  such  as  is  necessary 
for,  and  adapted  to,  the  personal  use  of  such  inmates  at 
Davenport,  and  a  careful  inventory  and  appraisement 
thereof  shall  be  made,  and  a  proper  voucher  given  therefor 
by  said  board  of  directors. 

SEC.  7.  The  board  of  directors  shall  at  once  proceed  to 
make  such  improvements  and  changes  in  said  buildings 
and  grounds  as  may  be  necessary  to  adapt  the  same  to  the 
use  of  said  school,  but  without  greater  expense  to  the  state 
than  is  provided  for  in  this  act,  and  shall,  on  or  before 
September  10,  1876,  open  the  same  to  the  use  and  instruc- 
tion of  pupils. 

Appropriation.  gEa  g.  In  addition  to  the  property,  the  use  of  which  is 
hereby  set  apart  for  the  purposes  of  the  school,  the  follow- 
ing sums  are  hereby  appropriated  for  the  establishment  and 
maintenance  thereof: 

For  necessary  improvement  and  repairs,  three  thousand 
dollars. 

For  salaries  of  teachers  and  employes,  ten  thousand  dol- 
lars. 

For  contingent  expenses,  fifteen  hundred  dollars. 

The  amount  appropriated  for  repairs  and  improvements 
may  be  paid  at  any  time,  on  the  order  of  the  board ;  the  re- 
maining sums  shall  be  paid  in  equal  quarterly  payments, 
commencing  September  1, 1876. 

SEC.  9.  The  said  board  shall  make,  at  the  end  of  each 
school  year,  to  the  superintendent  of  public  instruction,  a 
detailed  report  of  their  proceedings  during  the  year.  Their 
report  shall  also  contain  the  number  of  teachers  employed 
in  the  school,  with  the  compensation  of  each;  the  number 
of  pupils,  classified;  the  amount  of  receipts  and  expendi- 
tures and  the  items  thereof,  with  such  other  information 
and  recommendations  as  they  may  deem  expedient,  which 
report  shall  be  embodied  in  the  superintendent's  report  to 
the  general  assembly. 


Make  annual 
report. 


SCHOOL  LAWS  OF  IOWA.  79 

CHAPTER  136,  LAWS  OF  1876. 

WOMEN"  ELIGIBLE  TO  SCHOOL  OFFICES. 

SECTION  1.     No  person  shall  be  deemed  ineligible   by  ®£Xeu0ibiuteBto 
reason  of  sex,  to  any  school  office  in  the  state  of  Iowa.         BchoofofficL.0 

SEC.  2.     No  person  who  may  have  been  or  shall  be  ^f0gc^jved 
elected  or  appointed  to  the  office  of  county  superintendent  offices  by 
of  common  schools  or  school  director  in  the  state  of  Iowa, reason  of 
shall  be  deprived  of  office  by  reason  of  sex. 


CHAPTER  132,  LAWS  OF  1878. 

ISSUANCE  OF  BONDS  BY  SCHOOL  DISTEICTS  TO  FUND  JUDGMENT 
INDEBTEDNESS. 

SECTION  1.  Any  school  district  against  which  judg- 
ments  have  been  rendered  prior  to  the  passage  of  this  act,  S>w  existing, 
and  which  judgments  remain  unsatisfied,  may,  for  the  pur- 
pose of  paying  off  such  judgments  and  funding  such  judg- 
ment indebtedness,  issue  upon  the  resolution  of  the  board 
of  directors  of  the  district,  the  negotiable  bonds  of  such  Bonds- 
district,  running  not  more  than  ten  years,  and  bearing  a 
rate  of  interest  not  exceeding  ten  per  centum  per  annum, 
payable  semi-annually,  which  bonds  shall  be  signed  by  the 
president  of  the  district,  and  countersigned  by  the  secretary, 
and  shall  not  be  disposed  of  for  less  than  their  par  value, 
nor  for  any  other  purpose  than  that  provided  for  by  this 
act,  and  such  bonds  shall  be  binding  and  obligatory  upon 
the  district. 

SEC.  2.     It  shall  be  the  duty  of  the  board  of  directors  of  Payment  of 
any  district  which  shall  issue  bonds  under  this  act,  to  pro-  bc 
vide  for  the  payment  of  the  same  by  the  levy  of  tax  there- 
for, in  addition  to  the  other  taxes  provided  by  law,  and  they 
are  hereby  required  to  levy  such  an  amount  each  year  as 
shall  be    sufficient  to  meet  the   interest  on  such  bonds 
promptly  as  it  accrues. 

SEC.  3.  The  bonds  issued  under  this  act  shall  be  in  the  Jg™0'  bond' 
name  of  the  district  and  in  substantially  the  same  form  as 
is  by  law  provided  for  county  bonds;  shall  be  payable  at 
the  pleasure  of  the  district;  shall  be  registered  in  the  office 
of  the  county  auditor;  shall  be  numbered  consecutively  and 
redeemed  in  the  order  of  their  issuance. 


80 


SCHOOL  LAWS  OF  IOWA. 


District  may 
be  divided,  or 
part  detached. 


Election: 
manner  of. 


CHAPTER  133,  LAWS  OF  1878. 
(As  amended  by  Chapter  131,  Laws  of  1880.) 

SUBDIVISION   OF   INDEPENDENT   SCHOOL   DISTKICTS. 

SECTION  1.  Any  independent  school  district,  organized 
under  any  of  the  laws  of  this  state,  may  subdivide,  for  the 
purpose  of  forming  two  or  more  independent  school  dis- 
tricts, or  have  territory  detached  to  be  annexed  with  other 
territory  in  the  formation  of  an  independent  district  or  dis- 
tricts, and  it  shall  be  the  duty  of  the  board  of  directors  of 
said  independent  district  to  establish  the  boundaries  of  the 
districts  so  formed,  the  districts  so  formed  not  to  contain 
less  than  four  government  sections  of  land  each;  this  limi- 
tation shall  not  apply  when,  by  reason  of  a  river  or  other 
obstacle,  a  considerable  number  of  pupils  will  be  accom- 
modated by  the  formation  of  a  district  containing  less  than 
four  sections,  or  where  there  is  a  city,  town  or  village 
within  said  territory  of  not  less  than  one  hundred  inhab- 
itants, and  in  such  cases  the  independent  district  so  formed 
shall  not  contain  less  than  two  government  sections  of 
land,  such  subdivision  to  be  effected  in  the  manner  provided 
for  in  sections  2,  3  and  4  of  this  chapter;  provided,  that 
when  either  of  the  districts  so  proposed  to  be  formed  con- 
tains less  than  four  government  sections,  it  shall  require  a 
majority  of  the  votes  of  each  of  the  proposed  districts  to 
authorize  such  subdivision. 

SEC.  2.  At  the  written  request  of  one-third  of  the  legal 
voters  residing  in  any  independent  school  district,  the  board 
of  directors  of  said  independent  district  shall  call  a  meeting 

CHAPTER  133,  LAWS  OF  1878. 

SECTION  1.  (a)  The  provisions  of  this  section  as  amended 
apply  to  all  independent  districts  organized  under  the  laws  of 
this  state. 

(b)  The  amount  of  territory  cannot  be  less  than  an  equiva- 
lent of  four  government  sections,  unless  the  provisions  of  the 
latter  part  of  this  section  apply. 

(c)  An  independent  district  containing  territory  amounting 
to  less  than  eight  government  sections  may  be  divided  into  two 
independent  districts,  if  an  unbridged  stream  or  other  obstacle 
prevents  a  considerable  number  of  scholars   from  attending 
school,  or  if  one  portion  contains  a  village  of  not  less  than  one 
hundred  inhabitants.    The  district  so  formed  must  contain  ter- 
ritory amounting  to  not  less  than  two  government  sections,  and 
a  majority  of  the  votes  cast  in  each  contemplated  district  must 
be  cast  for  the  division. 

SEC.  2.    When  the  required  number  of  electors  petition  for 


SCHOOL  LAWS  OF  IOWA.  g 

of  the  qualified  electors  of  the  independent  district,  at  the  For  deciding 
usual  place  of  holding  their  meeting,  by  giving  at  least  ten  amBon!  °f 
days'  notice  thereof  by  posting  three  notices  in  the  inde- 
pendent district  sought  to  be  divided,  and  by  publication  in 
a  newspaper,  if  one  be  published  in  the  independent  dis- 
trict, at  which  meeting  the  electors  shall  vote  by  ballot  for 
or  against  such  subdivision. 

SEC.  "3.  Should  a  majority  of  the  votes  be  cast  in  favor  Election  of 
of  such  subdivision,  the  board  or  boards  of  directors  shall 
call  a  meeting  in  each  independent  district  so  subdivided  or 
formed  as  aforesaid,  for  the  purpose  of  electing  by  ballot 
three  directors,  who  shall  hold  their  offices  one,  two  and 
three  years  respectively,  the  length  of  their  respective  terms  TermB  of  offloe 
to  be  determined  by  lot;  and  but  one  director  shall  be 
chosen  annually  thereafter,  who  shall  hold  his  office  for 
three  years. 

SEC.  4.    At  the  meeting  of  the  electors  of  each  independ-  2SSl  °f 
ent   school   district,  as  provided  in  the  last  section,  they 
shall  also  determine  by  ballot  the  name  to  be  given  to  their 
district,  and  each  independent  district,  when  so  organized, 
shall  be  a  body  corporate,  and  the  name  so  chosen  shall  be 
its  corporate  name;  provided,  that  the  board  of  directors  Board  may 
of  any  district  organized  under  the  provisions  of  this  act  chanse 
may  change  its  name  if  any  other  district  in  the  township 
shall  have  chosen  the  same  name. 

SEC.  5.     Independent  districts  organized  under  the  pro-  HOW  governed, 
visions  of  this  act  shall  be  governed  by  the  laws  relating 
to  independent  districts. 


CHAPTER  166,  LAWS  OF  1878. 

TUITION   OF  PAUPER   CHILDREN". 

SECTION  1.     Section  1381  of  the  Code  is  hereby  amended  code,  §  imr 
by  adding  at  the  end  of  the  section :     The  expense  of  the  M 
poor-house  shall  include  such  an  amount  of  tuition  for  the  How 
instruction  of  the  pauper  children  as  the  whole  number  of 
days'  attendance  of  such  pauper  children  is  to  the  total 
number  of  days'  attendance  in  the  school  at  ^which  such 
pauper  children  attend,  and  such  amount  shall  be  paid  into 
the  treasury  of  the  district  where  said  children  attend. 

such  division,  the  board  of  directors  are  compelled  to  call  the 
election. 

SEC.  5.  When  the  division  has  been  made,  a  settlement  of 
assets  and  liabilities  must  be  made,  in  conformity  with  section 
1715. 

11 


82 


SCHOOL  LAWS  OF  IOWA. 


CHAPTER  8,  LAWS  OF  1880. 


SEPARATE    POLLING   PLACES. 


Different  poll- 
ing places. 


Questions 
submitted  by 
ballot. 


Register  of 
electors. 


Notice  of 
election. 


Judges  of 
election. 


SECTION  1.  Independent  school  districts  having  a  popu- 
lation of  not  less  than  fifteen  thousand  inhabitants  shall  be 
divided  into  not  less  than  three,  nor  more  than  six  election 
precincts,  in  each  of  which  a  poll  shall  be  held  at  a  con- 
venient place,  to  be  appointed  by  the  board  of  directors,  for 
the  reception  of  the  ballots  of  the  electors  residing  in  such 
precinct  at  said  election. 

SEC.  2.  The  board  of  directors  shall  provide  for  the  sub- 
mission of  all  questions  relating  to  the  powers  reserved  to 
the  electors  under  section  1807  of  the  Code,  which  ques- 
tions shall  be  decided  by  ballot,  returns  to  be  made  on 
questions  submitted  as  hereinafter  provided. 

SEC.  3.  A  register  of  the  electors  residing  in  each  pre- 
cinct shall  be  prepared  by  the  board  of  directors  from  the 
register  of  the  electors  of  any  city,  town  or  township 
which  is  in  whole  or  in  part  included  within  such  independ- 
ent school  district ;  and  for  that  purpose  a  copy  of  such 
register  of  electors  shall  be  furnished  by  the  clerk  of  each 
such  city,  town  or  township  to  the  board  of  directors.  Said 
board  shall,  in  each  year  before  the  annual  election  for 
directors,  revise  and  correct  such  school  election  registers 
by  comparison  thereof  with  the  last  register  of  elections  for 
such  cities,  towns  and  townships.  And  the  register  pro- 
vided for  by  this  section  shall  have  the  same  force  and  effect 
at  elections  held  under  this  act,  and  in  respect  to  the  recep- 
tion of  votes  at  said  elections,  as  the  register  of  elections 
has  by  law  at  general  elections. 

SEC.  4.  Notice  of  every  election  under  this  act  shall  be 
given  in  each  district  in  which  the  same  is  to  be  held,  by 
the  secretary  thereof,  by  posting  up  the  same  in  three  pub- 
lie  places  in  such  district  and  by  publication  in  a  newspa- 
per, published  therein  for  two  weeks  preceding  such  elec- 
tion; such  notice  shall  also  state  the  respective  election 
precincts,  and  the  polling  place  in  each  precinct. 

SEC.  5.  The  board  of  directors  shall  appoint  one  of  their 
own  number  and  another  elector  of  the  district  to  act  as 

CHAPTER  8,  LAWS  OF  1880. 

SECTION  1.  This  chapter  applies  only  to  cities  which,  with 
their  contiguous  territory,  have  not  less  than  15,000  inhabitants, 
as  determined  by  the  last  state  or  national  census. 

SEC.  2.  The  directors  should  submit  all  questions  pertaining 
to  school-house  taxes,  including  those  for  library  and  apparatus, 
in  such  way  that  the  electors  can  determine  these  questions  by 
ballot. 


SCHOOL  LAWS  OF  IOWA.  83 

judges  of  election,  and  a  clerk  for  each  polling  place,  who 
shall  be  sworn  as  provided  by  section  609  of  the  Code  in 
case  of  general  elections.  The  polls  shall  be  open  from 
9  o'clock  A.  M.  to  6  o'clock  p.  M.  If  either  of  the  judges,  or 
clerk,  fail  to  attend,  his  place  may  be  filled  by  the  others  by 
appointing  an  elector  attending  in  his  place,  and  if  all  fail 
to  attend  in  time,  or  refuse  to  serve  or  be  sworn,  the 
electors  present  shall  choose  two  judges  and  a  clerk  from 
the  electors  attending.  A  ballot-box  and  the  necessary  poll- 
book  shall  be  provided  by  the  board  of  directors  for  each 
precinct,  and  the  election  shall  be  conducted  in  the  same 
manner,  and  under  the  same  rules  and  regulations,  so  far 
as  applicable,  as  provided  by  chapter  3  of  title  V  of  the 
Code,  for  general  elections. 

SEC.  6.  The  judges  of  election  and  clerk  in  each  pre-  R6111"18- 
cinct  shall  canvass  the  vote  therein,  and  shall,  as  soon  as 
possible,  make  out,  sign  and  return  to  the  secretary  of  the 
district  a  certificate  showing  the  whole  number  of  votes 
cast  in  such  precinct,  and  the  number  of  votes  in  favor  of 
each  person  voted  for,  and  questions  submitted.  The  board  Canva8g. 
of  directors  shall  meet  on  the  next  Monday  after  the  elec- 
tion and  canvass  the  returns,  and  ascertain  the  result  of 
the  election.  The  whole  number  of  votes  cast,  and  the 
number  in  favor  of  each  person  voted  for  shall  be  entered 
in  their  record,  and  the  persons  respectively  receiving  the 
highest  two  numbers  of  votes  shall  be  declared  elected,  and 
all  questions  submitted  receiving  a  majority  of  votes  cast 
shall  be  recorded  as  carried.  The  secretary  shall  issue  to 
each  person  so  elected  a  certificate  of  his  election. 

SEC.  7.     All  acts  and  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed. 


CHAPTER  12,  LAWS  OF  1880. 

LOAN  AND  MANAGEMENT  OF   THE  PERMANENT   SCHOOL   FUND. 

SECTION  1.     The  rate  of  interest  on  all  permanent  school  Rate  of  inter- 
funds  loaned  after  January  1,  A.  D.  1880,  shall  not  exceed  es 
eight  per  cent  per  annum  from  date  of  such  loan. 

SEC.  2.     Interest  not  paid  when  due  shall  bear  interest 
at  the  same  rate  as  the  principal. 

SEC.  3.    After  July  1,  A.  D.  1880,  the  counties  having  charge  to 
permanent  school  funds  in  control  shall  be  charged  only  counties, 
six  per  cent,  instead  of  eight  per  cent,  as  now  provided  by 
the  Code. 

SEC.  4.     Section  1846  of  the  Code  is  hereby  amended  by 
striking  out  the  words  uten  per  cent,"  in  the  sixteenth  and 


84 


SCHOOL  LAWS  OF  IOWA. 


seventeenth  lines,  and  inserting  in  lieu  thereof  the  words 
"eight  per  cent." 

Attorneys'  fees.  SEC.  5.  Section  1873  of  the  Code  is  hereby  amended  by 
adding  at  the  end  of  the  section  the  following:  "But  in 
no  case  to  exceed  ten  per  cent  on  the  amount  for  which 
judgment  is  rendered;  and  in  no  case  to  exceed  the  sum  of 
twenty-five  dollars." 

SEC.  6.  Loans  may  hereafter  be  made  to  one  person,  or 
one  company,  to  the  amount  of  one  thousand  dollars;  pro- 
vided, it  is  found  impracticable  to  keep  the  whole  amount 
of  the  funds  loaned  in  sums  of  five  hundred  dollars  or 
less. 

SEC.  7.  All  laws  inconsistent  with  this  act  are  hereby 
repealed. 


CHAPTER  51,  LAWS  OF  1880. 


Judgment 
indebtedness. 


Provide  for 

payment. 


TO    ENABLE    SCHOOL   DISTRICTS   OR    DISTRICT    TOWNSHIPS    TO 

ISSUE  BONDS  FOR  THE  PURPOSE  OF  FUNDING  JUDGMENT 

INDEBTEDNESS  NOW  EXISTING,  ADDITIONAL  TO 

CODE,  TITLE  XII,  CHAPTER  9. 

SECTION  1.  Any  school  district  or  district  township 
against  which  judgments  have  been  rendered  prior  to  the 
passage  of  this  act,  and  which  such  judgments  remain  un- 
satisfied, may,  for  the  purpose  of  paying  off  such  judgment 
indebtedness,  issue  negotiable  bonds  of  such  district  town- 
ship, upon  a  resolution  of  the  board  of  directors  of  the  dis- 
trict township,  running  not  more  than  ten  years,  and  bear- 
ing a  rate  of  interest  not  exceeding  eight  per  cent  per 
annum,  payable  semi-annually,  which  bonds  shall  be  signed 
by  the  president  of  the  district  and  countersigned  by  the 
secretary,  and  shall  not  be  disposed  of  for  less  than  their 
par  value,  nor  for  any  other  purpose  than  that  provided  by 
this  act,  and  such  bonds  shall  be  binding  and  obligatory 
upon  the  district  township. 

SEC.  2.  It  shall  be  the  duty  of  the  board  of  directors  of 
any  district  township  which  issues  bonds  under  this  act,  to 
provide  for  the  payment  of  the  same  by  tho  levy  of  tax 
therefor,  in  addition  to  the  other  taxes  provided  bjr  law ;  and 
they  are  hereby  required  to  levy  such  an  amount  each  year 
as  shall  be  sufficient  to  meet  the  interest  on  such  bonds 
promptly  as  it  accrues. 

CHAPTER  51,  LAWS  OF  1880. 

This  chapter  is  substantially  a  re-enactment  of  chapter  132  of 
the  seventeenth  general  assembly. 


SCHOOL  LAWS  OF  IOWA.  85 

SEC.  3.     The  bonds  issued  under  this  act  shall  be  in  the  Registration 
name  of  the  district  township  and  in  substantially  the  same  Son.redemp~ 
form  as  is  by  law  provided  for  county  bonds ;  shall  be  pay- 
able at  the  pleasure  of  the  district  township;  shall  be  reg- 
istered in  the  office  of  the  county  auditor;  shall  be  num- 
bered consecutively  and   redeemed   in  the  order  of  their 
ssuance 


CHAPTER  132,  LAWS  OF  1880. 

AUTHORIZING   INDEPENDENT   SCHOOL    DISTRICTS  OR  DISTRICT 

TOWNSHIPS  TO  FUND  THEIR  OUTSTANDING  BONDED 

INDEBTEDNESS,  AND  TO  PROVIDE  FOR  THE 

PAYMENT    OF    THE    SAME. 

SECTION  1.    Any  independent  school  district,  or  district  Boards  issue 
township,  now  or  hereafter  having  a  bonded  indebtedness  JSJd£ig°r  r' 
outstanding,  is  hereby  authorized  to  issue  negotiable  bonds 
at  any  rate  of  interest  not  exceeding  seven  per  cent  per 
annum,  payable  semi-annually,  for  the  purpose  of  funding 
said  indebtedness;  said  bonds  to  be  issued  upon  a  resolution 
of  the  board  of  directors  of  said  district;  provided,  that  said 
resolution  shall  not  be  valid  unless  adopted  by  a  two-thirds 
vote  of  said  directors. 

SEC.  2.  The  treasurer  of  such  district  is  hereby  author-  25^335.*° 
ized  to  sell  the  bonds  provided  for  in  this  act,  at  not  less 
than  their  par  value,  and  apply  the  proceeds  thereof  to  the 
payment  of  the  outstanding  bonded  indebtedness  of  the 
district,  or  he  may  exchange  such  bonds  for  outstanding 
bonds,  par  for  par;  but  the  bonds  hereby  authorized  shall 
be  issued  for  no  other  purpose  than  the  funding  of  out- 
standing bonded  indebtedness.  The  actual  cost  of  the 
engraving  and  printing  of  such  bonds  shall  be  paid  for  out 
of  the  contingent  fund  of  such  district. 

SEC.  3.     Said  bonds  shall  run  not  more  than  ten  years,  Redemption  of 
and  be  payable  at  the  pleasure  of  the  district  after  five  b<  lds* 
years  from  the  date  of  their  issue;  provided,  that  in  order 
to  stop  interest  on  them  the  treasurer  shall  give  the  owner 

CHAPTER  132,  LAWS  OF  1880. 

SECTION  1.  The  board  of  directors  can  refund  outstanding 
bonds  by  a  two-thirds  vote  of  the  board.  The  bonds  must  ran 
at  least  five  years,  and  the  interest  is  limited  to  seven  per  cent 
They  are  not  required  to  submit  the  question  of  issuing  bonds 
to  redeem  outstanding  bonds,  to  the  electors,  as  provided  in 
section  1821,  if  the  above  conditions  are  fulfilled. 


OF 


86 


SCHOOL  LAWS  OF  IOWA. 


Description  of 
bonds. 


of  said  bonds  ninety  days'  written  notice  of  the  readiness  of 
the  district  to  pay,  and  the  amount  it  desires  to  pay ;  said 
notice  to  be  directed  to  the  post-office  address  of.  the  owner 
of  the  bonds-,  provided,  further,  that  tha  treasurer  shall 
keep  a  record  of  the  parties  to  whom  he  sells  the  bonds;  and 
their  post-office  address,  and  notice  sent  to  the  address  as 
shown  by  said  record  shall  be  sufficient. 

SEC.  4.  Said  bonds  shall  be  in  denominations  of  not  less 
than  one  hundred  dollars  and  not  more  than  one  thousand 
dollars;  and  said  bonds  shall  be  given  in  the  name  of  the 
independent  district,  or  district  township,  and  signed  by  the 
president,  and  countersigned  by  the  secretary  thereof;  and 
the  principal  and  interest  may  be  made  payable  wherever 
the  board  of  directors  may  by  resolution  determine. 

SEC.  5.  When  said  bonds  are  delivered  to  the  treasurer 
to  be  negotiated,  the  president  shall  take  his  receipt  there- 
for, and  the  treasurer  shall  stand  charged  on  his  official 
bond  with  the  amount  of  the  bonds  so  delivered  to  him. 
Levy  of  tax  for  SEC.  6.  The  tax  f  or  the  payment  of  the  principal  and 
payment.  interest  of  said  bonds  shall  be  raised  as  provided  in  section 
1823,  chapter  9,  title  XII  of  the  Code;  provided,  that  if  the 
district  shall  fail  or  neglect  to  so  levy  said  tax  the  board  of 
supervisors  of  the  county  in  which  said  district  is  located 
shall,  upon  the  application  of  the  owner  of  said  bonds,  levy 
said  tax. 

SEC.  7.  All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 


Treasurer 
charged  with. 


BLANK  FOKMS. 


NUMBER  1. 
Form  for  Proceedings  of  District  Township  Meeting. 

[Section  1717.] 

March ,  188.. 

The  electors  of  the  district  township  of ,  in  the  county  of , 

and  state  of  Iowa,  assembled  at pursuant  to -previous  notice.    The 

meeting  was  called  to  order  by  the  president  at o'clock M.    The  sec- 

ret.iry  being  absent, was  appointed  secretary. 

The  order  of  business  was  stated  by  the  president. 

On  motion  of  Mr ,  a  tax  of dollars  was 

voted  for  school-house  purposes. 

Mr moved  that  a  tax  of  eight  hundred  dollars  be 

voted  for  the  purpose  of  erecting  a  school-house  in  subdistrict  No 

Mr moved  to  amend  by  striking  out  "eight  hun- 
dred dollars"  and  inserting  "one  thousand  dollars,"  which  motion  was 
agreed  to,  and  the  motion  as  amended  was  decided  in  the  affirmative. 

Mr moved  to  transfer dollars  of 

unused  school-house  fund  to  teachers'  (contingent)  fund. 

Mr moved  that  the  various  powers  conferred  by 

law  on  the  district  meeting,  which  maybe  delegated  to  the  board  of  directors, 
be  and  the  same  are  hereby  so  delegated.  After  discussion  the  vote  was 
taken  and  the  motion  was  adopted. 

On  motion  of  Mr ,  the  meeting  adjourned. 


Chairman. 

Secretary. 

NOTE.— It  is  essential  that  the  secretary  make  a  full  and  accurate  record 
of  the  proceedings  of  the  district  township  meeting,  which  should  be  sub- 
mitted to  the  president  for  his  approval  at  the  close  of  the  meeting,  and 
afterwards  recorded  iii  the  district  records,  or  otherwise  preserved. 

These  records,  together  with  all  certificates  of  the  action  of  any  subdistrict 
in  relation  to  voting  school-house  taxes,  must  be  submitted  by  the  secretaiy, 
who  is  the  proper  custodian  of  the  records,  to  the  board  of  directors,  at  the 
meeting  held  on  the  following  Monday,  to  form  the  basis  of  their  action  in 
apportioning  and  certifying  school-house  taxes  to  the  board  of  supervisors. 


88  BLANK  FORMS. 

NUMBER  2. 

Form  of  Notice  for  Annual  Meeting  in  Subdistritts. 
[Section  1718.] 

Notice  is  hereby  given,  that  a  meeting  of  the  qualified  electors  of  subdis- 

trict  No ,  of  the  district  township  of ,  in  the  county  of , 

and  state  of  Iowa,  will  be  held  at ,  on  the  first  Monday  in  March, 

88  . . .,  at o'clock,  for  the  election  of  one  subdirector,  and  the  transac- 
tion of  such  other  business  as  may  legally  come  before  it. 

Dated, ,188.. 


Subdirector  of  Subdistrict  No.... 

NOTES,  (a)  In  case  there  is  no  subdirector,  the  above  notice  must  be 
given  by  the  secretary  of  the  district  township.  It  must  be  posted  five  days 
previous  to  the  meeting,  in  at  least  three  public  places  in  the  subdistrict. 
The  notice  should  designate  the  hour  of  meeting,  which  cannot  be  earlier 
than  9  o'clock,  A.  M.  See  section  1789. 

(b)  When  an  organized  district  township  is  left  without  officers,  or  with- 
out a  quorum,  the  above  notice  for  a  special  election  should  be  posted  by  the 
township  trustees,  in  at  least  three  public  places  in  each  subdistrict,  chang- 
ing the  time  of  holding  the  election  to  suit  the  circumstances  of  the  case. 
See  section  1714. 


NUMBER  3. 

Form  of  Proceedings  of  Annual  Subdistrict  Meeting. 
[  Sections  1718, 1719, 1720.] 

March ,188.. 

The  electors  of  subdistrict  No — ,  of  the  district  township  of 


in  the  county  of ,  and  state  of  Iowa,  met  pursuant  to  previous 

notice.  * 

was  appointed  chairman,  and •. , 

secretary  of  the  meeting. 

On  motion  of  Mr ,  the  meeting  proceeded  to  the 

election  by  ballot  of  one  subdirector. 

The  chairman  announced  the  result  of  the  ballot  to  be  as  follows : 

20  votes  were  cast  for  A  B ;  15  votes  f or  C  D ;  and  10  votes  f  or  E  F ;  upon 
which  A  B  was  declared  duly  elected  subdirector  for  the  ensuing  year. 


BLANKS  FORMS.  gg 

Mr moved  that  a  tax  of dollars  be  voted 

for  the  erection  of  a  school-house  in  this  subdistrict. 
The  motion  was  lost. 
On  motion  of  Mr ,  the  meeting  adjourned. 


Chairman. 


Secretary. 


NOTES,  (a)  If  the  electors  desire  to  hold  a  caucus,  it  should  be  done 
before  the  subdistrict  meeting  is  called  to  order.  Only  one  ballot  can  be  had 
for  the  election  of  subdirector,  and  a  plurality  will  elect. 

(b)  The  amount  voted  by  the  subdistrict  must  be  certified  to  the  next 
regular  district  township  meeting. 

(c)  To  avoid  the  levying  of  taxes  upon  the  subdistrict,  the  district  town- 
ship may  simply  be  requested,  by  a  vote  of  the  electors  of  the  subdistrict,  to 
build  them  a  school-house,  without  asking  for  a  definite  amount  of  money. 


NUMBER  4. 

Form  for  Certificate  of  Election  of  Subdirector. 
[Section  17 19.] 

We  hereby  certify  that,  at  the  annual  meeting  of  subdistrict  No 

of  the  district  township  of ,  in  the  county  of ,  and  state 

of  Iowa,  held  on  the  first  Monday  in  March,  188.., was 

duly  elected  subdirector  for  said  subdistrict. 


CTiairman. 


Secretary. 


NOTES,  (a)  This  certificate,  slightly  varied,  wiU  answer  in  case  of  the 
election  of  a  subdirector  at  a  special  meeting  called  by  the  township  trus- 
tees. In  both  cases,  it  should  be  presented  by  the  subdirector  elect  to  the 
board  of  directors  of  the  district  township,  and  filed  with  the  president  of 
said  district 

(b)  In  case  of  a  tie  vote,  the  fact  should  be  certified  in  a  similar  manner 
to  that  given  in  the  above  form,  by  the  officer^  of  the  meeting. 


90  BLANK  FORMS. 

NUMBER  5. 

Form  for  Certificate  of  Tax  Voted  by  Subdistrict  Meeting. 
[  Sections  1718, 1778.] 

To , 

Secretary  of  the  board  of  directors  of  the  district  township 

of : 

I  hereby  certify  that  the  electors  of  subdistrict  No ,  of  the  district 

township  of ,  in  the  county  of ,  and  state  of 

Iowa,  at  the  annual  meeting,  held  on  the  first  Monday  in  March,  188. .,  voted 

a  tax  of dollars  for  the  erection  of  a  school-house  in  said 

subdistrict. 


•  •» 

Subdirector. 


NOTE. — This  certificate  may  be  made  either  by  the  subdirector  or  by  the 
chairman  and  secretary  of  the  subdistrict  meeting. 


NUMBER  6. 

Proposals  for  the  Erection  (or  Repair)  of  a  School-house. 
[Section  1723.] 

Notice  is  hereby  given  that  proposals  for  the  erection  (or  repair)  of  a 

school-house  in  subdistrict  No ,  in  the  district  township  of ,. 

in  the  county  of ,  will  be  received  by  the  undersigned,  at  his 

office  in (where  plans  and  specifications  may  be  seen),  until 

1  o'clock,  p.  M., 188 ,  at  which  time  the  contract  will  bo 

awarded  to  the  lowest  responsible  bidder.    The  board  reserve  the  right  to 
reject  any  or  all  bids. 


Secretary  of  the  Board  of  Directors. 


NUMBER  7. 

Form  of  Contract  for  Building  a  School-house. 
[Section  1723.] 

Contract  made  and  entered  into  between ,  of  the 

county  of ,  and  state  of  Iowa,  and ,  in 

behalf  of  the  district  township  of in  the  county 

of ,  and  state  of  Iowa,  and  his  successors  in  office. 


BLANK  FORMS.  91 

In  consideration  of  the  sum  of dollars,  to  be  paid  as  hereinafter 

specified,  the  said hereby  agrees  to  build  a 

school-house,  and  to  furnish  the  material  therefor,  according  to  the  plans  and 
specifications  for  the  erection  of  said  house  hereto  appended,  at 


in  said  district  township.  The  said  house  is  to  be  built  of  the  best  material, 
in  a  substantial,  workmanlike  manner,  and  is  to  be  completed  and  delivered 

to  the  said ,....,  or  his  successors  in  office,  free  from  any 

lien  for  work  done  or  material  furnished,  on  or  before  the day  of 

,  188. .  And  in  case  the  said  house  is  not  finished  by  the  time 

herein  specified,  the  said shall  forfeit  and  pay  to  the  said 

,  or  his  successors  in  office,  for  the  use  of  said  district 

township,  the  sum  of dollars,  and  shall  also  be  liable 

for  all  damages  that  may  result  to  said  district  township  in  consequence  of 
such  failure. 

The  said ,  or  his  successors  in  office,  in  behalf  of 

said  district  township,  hereby  agrees  to  pay  the  said the 

sum  of dollars  when  the  foundation  of  said  house  is  fin- 

ished ;  and  the  further  sum  of dollars  when  the  walls  are  up 

and  ready  for  the  roof;  and  the  remaining  sum  of dollars 

when  the  said  house  is  finished  and  delivered  as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sublet,  transferred,  or 
assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this day  of ,  188. . 


Contractor. 


President. 

This  is  to  certify  that  the  foregoing  contract  was  approved  by  the  board  of 

directors  of  the  district  township  of ,  in  the  county  of , 

and  state  of  Iowa,  this day  of 188. . 


President. 


Secretary. 


NOTES,  (a)  The  law  requires  the  board  to  make  all  contracts  necessary 
to  carry  out  any  vote  of  the  district,  and  the  president  of  the  district  to  sign 
all  contracts  made  by  the  board.  Section  1739.  Contracts  must,  in  all 
cases,  be  made  according  to  the  instructions  and  directions  of  the  board,  and 
after  being  made  they  should  be  approved  by  the  board  before  any  work  is 
done. 

(b)  In  building  a  school-house,  it  is  important  to  secure  plans  of  the 
building,  with  full  specifications  as  to  its  dimensions,  style  of  architecture, 
number  and  size  of  windows  and  doors,  quality  of  materials  to  be  used,  what 


92  BLANK  FORMS. 

kind  of  roof,  number  of  coats  of  paint,  of  what  material  the  foundation  shall 
be  constructed,  its  depth  below  and  its  height  above  the  surface  of  the 
ground,  the  number  and  style  of  chimneys  and  flues,  the  provisions  for  ven- 
tilation, the  number  of  coats  of  plastering  and  style  of  finish,  and  all  other 
items  in  detail  that  may  be  deemed  necessary.  The  plans  and  specifications 
should  be  attached  to  the  contract,  and  the  whole  filed  with  the  secretary  of 
the  district  township. 


NUMBER  8. 

Form  of  Bond  for  Performance  of  Contract. 
[Section  1723.] 

.,  Know  all  Men  by  these  Presents :  That  we, as  prin- 
cipal, and and ....  as  sureties,  of 

the  county  of ,  and  state  of  Iowa,  are  held  and  firmly 

bound  unto  the  district  township  of ,  in  the  county  of 

,  and  state  of  Iowa,  in  the  penal  sum  of dol- 
lars, for  the  payment  of  which,  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  administrators  and  assigns,  jointly,  severally  and  firmly  by  these 
presents. 

The  condition  of  the  above  obligation  is  such  that,  whereas  the  said 

has  this  day  entered  into  a  written  contract  with 

,  as  president  of  the  board  of  directors  of  the  district  township  of 

in  the  county  of and  state  of  Iowa 

and  his  successors  in  office,  for  the  erection  and  completion  of  a  school-house 

in  said  subdistrict,  by  the day  of ,  188. .,  according 

to  the  plans  and  specifications  for  the  construction  of  said  house  appended 
to  said  contract. 

Now,  therefore,  if  the  said shall  faithfully  and  fully 

comply  with  all  the  stipulations  of  said  contract,  then  this  obligation  shall 
be  void ;  otherwise  remain  in  full  force  and  virtue  in  law. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this 

day  of ,  188.. 


Principal. 


Sureties. 


BLANK  FORMS.  93 

NUMBER  9. 

Form  for  Certificate  of  Appointment  of  School  Officers. 
[Section  1730.] 

,188.. 

To : 

You  are  hereby  notified  that,  at  a  meeting  of  the  board  of  directors  of  the 

district  township  of ,  in  the  county  of , 

and  state  of  Iowa,  held  on  the. day  of ,  188. ., you  were 

duly  appointed  (here  name  the  office),  in  and  for  said  district  township,  to 
fill  the  vacancy  occasioned  by  the  (here  state  the  cause  of  the  vacancy)  of 


Secretary  of  the  Board  of  Directors. 

NOTE.— For  the  appointment  of  subdirector,  insert  in  the  above  form  the 
words  " subdistrict  number of"  immediately  after  the  word  " for." 


NUMBER  10. 

Form  for  Bond  of  Secretary  or  Treasurer. 
[Section  1731.] 

Know  all  Men  by  these  Presents :  That  I, as  prin- 
cipal, and and as  sureties  of 

the  district  township  of ,  in  the  county  of , 

and  state  of  Iowa,  are  held  and  firmly  bound  unto  the  district  township  of 

,  in  the  said  county  and  state,  in  the  penal  sum  of 

dollars,  to  be  paid  to  the  said  district  township  of 

,  for  which  payment,  well  and  truly  to  be  made,  we  bind 

ourselves,  our  heirs,  executors  and  administrators  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that  if  the  above  bounden 
,  shall  well  and  truly  fulfill  the  duties  of  secre- 
tary (or  treasurer)  in  the  district  township  of ,  and  county 

of and  state  of  Iowa,  to  the  best  of  his  ability, 

according  to  law,  then  the  above  obligation  to  be  void,  otherwise  to  remain 
in  full  force  and  action  in  law. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this 

day  of ,188.. 

Principal. 


Sureties. 


94  BLANK  FORMS. 

STATE  OF  IOWA,          [  qQ 
county.  ySk 

I ,  do  solemnly  swear  (or  affirm)  that  I  will  sup- 
port the  constitution  of  the  United  States,  and  the  constitution  of  the  state 
of  Iowa,  and  that  I  will  faithfully  and  impartially  discharge  the  duties  of 

secretary  (or  treasurer)  of  the  district  township  of in  the  county  of 

,  and  state  of  Iowa,  according  to  law  and  as  provided  by  the  con- 
dition of  my  bond  above  written. 


Subscribed  and  sworn  to  before  me  by  the  above  named. 

this day  of ,  A.  D.  188. . 

In  testimony  whereof  witness  my  hand  and  official  seal 


[SEAL.]  Notary  Public. 

STATE  OF  IOWA, 


county.  rSS< 


I, ,  being  duly  sworn,  depose  and  say  that  I 

am  a  resident  freeholder  of  the  state  of  Iowa,  and  am  worth  the  sum  of 

dollars  beyond  the  sum  of  my  debts,  and  have 

property  liable  to  execution  in  this  state  equal  to  the  sum  of 

dollars.  

Subscribed  and  sworn  to  before  me  by  the  above  named 

this day  of ,  A.  D.  188. . 

In  testimony  whereof  witness  my  hand  and  official  seal. 


[SEAL.]  Notary  Public. 

NOTES,    (a)    See  section  1731,  notes. 

(b)    The  aggregate  amount  to  which  the  sureties  are  required  to  qualify, 
is  double  the  amount  of  the  bond  required.    See  section  249,  Code. 


NUMBER  11 

Form  of  Certificate  for  Election  of  the  Officers  of  the  Board,  to  the  County 
Superintendent,  Auditor,  and  Treasurer. 

[Section  1736.] 

I  hereby  certify  that  at  a  meeting  of  the  board  of  directors  of  the  district 

township  of ,  held  on  the.. day  of 

,  188. .,  the  following  named  officers  were  elected  and  have 

duly  qualified  according  to  law : 

,  to  the  office  of ,  P.  0.  Address, 

,  to  the  office  of ,  P.  O.  Address, 

Dated  at..  .,188.. 


Secretary. 

NOTE. — All  the  officers  of  the  board,  in  addition  to  the  oath  which  they  may 
have  taken  as  members,  must  take  the  oath  of  office  as  prescribed  by  section 
5,  article  11,  of  the  constitution. 


BLANK  FORMS.  95 

NUMBER  12. 

Form  of  Draft  on  the  County  Treasury. 
[Sections  1739, 1785.] 

To ,  County  Treasurer: 

Pay  to ,  treasurer  of  the  district  township 

of ,  in  the  county  of , 

and  state  of  Iowa, dollars  school-house  fund, 

-dollars  contingent  fund,  and dollars  teachers'  fund,  being  the 

amount  of  taxes  collected  and  due  this  district,  for  the  quarter  ending  on  the 

first  Monday  of. ,  as  shown  by  your  notice  of , 

188.. 


President. 


Secretary. 

NOTE. — Whenever  a  draft  is  drawn  on  the  county  treasury,  it  is  the  duty 
of  the  secretary  to  charge  the  district  treasurer  with  the  amount  named  in 
the  draft,  keeping  a  separate  account  with  each  fund.  See  section  1782- 


NUMBER  13. 

Form  of  Order  on  District  Treasury. 
[Section  1739.] 

* ,188  . 

To ,  treasurer  of  the  district  township  of 

Pay  to ,  or  order,  the  sum  of dollars 

from  the  (here  state  the  fund)  fund  for  (here  state  the  object  for  which 
•drawn.) 


President. 


Secretary. 

NOTE .— "  No  order  shall  be  drawn  on  the  district  treasury,  until  the  claim 
for  which  it  is  drawn  has  been  audited  and  allowed."  Section  1733. 

All  orders  drawn  on  the  district  treasury  should  be  registered  by  the  .sec- 
retary as  per  Form  No.  16. 


96  BLANK  FORMS. 

NUMBER  14. 
Form  of  Lease. 
[Section  1739.] 

Know  all  Men  by  these  Presents :  That of  the  county  of 

,  and  state  of  Iowa,  for  the  consideration  hereinafter 

mentioned,  does  hereby  lease  unto  ,  president 

of  the  board  of  directors  of  the  district  township  of ,  in  the 

county  of ,  and  state  of  Iowa,  or  his  successors  in  office, 

for  the  use  of  said  district  township  for  school  purposes,  the  following  de- 
scribed premises,  situate  in  the  county  and  state  aforesaid,  to-wit :  (Here 
describe  the  house  and  lot  or  parcel  of  ground),  together  with  all  the  privi- 
leges thereto  belonging,  for  the  term  of months  from  the 

day  of ,188.. 

The  said ,  president  as  aforesaid,  or  his  successors 

in  office,  hereby  agrees  to  pay  the  said for  the  use  of 

said  premises  the  monthly  rate  of dollars,  to  be  paid  at  the  expi- 
ration of  this  lease 

In  testimony  whereof,  we  have  hereunto  subscribed  our  names  this 

day  of ,188.. 

Signed  in  duplicate.  


President. 

NOTE.— As  a  matter  of  safety,  the  above  lease  should  be  executed  in  du- 
plicate, one  to  be  held  by  the  secretary  of  the  board,  and  the  other  by  the 
lessor.  The  lease  should  be  approved  by  the  board  of  directors,  as  in  case  of 
a  contract,  and  should  be  filed  with  the  secretary. 


NUMBER  15. 
Form  of  Deed. 
[Section  1739.] 

Know  all  Men  by  these  Presents :    That  we, ,  and 

,  his  wife,  of  the  county  of . . . , 

and  state  of  Iowa,  in  consideration  of  the  sum  of dollars 

in  hand  paid,  do  hereby  sell  and  convey  unto  the  district  township  of 

,  in  the  county  of and  state  of  Iowa, 

the  following  described  premises  situate  in  the  county  and  state  aforesaid* 
to-wit:    (Here  describe  the  premises.) 


BLAlSTv  FORMS. 


And  we  do  hereby  covenant  with  the  said  district  township  that  we  are 
lawfully  seized  of  said  premises ;  that  they  are  free  from  incumbrunce;  thafc 
we  have  good  right  and  lawful  authority  to  sell  the  same;  and  we  do  hereby 
covenant  to  warrant  and  defend  the  title  to  the  said  premises  against  the 
lawful  claims  of  all  persons  whomsoever. 

Signed  this day  of ,  iss. . 


STATE  OF  IOWA,  { __ 
county,  y s* 

On  this day  of A.  D.  ISS. .,  before 

me,  a  notary  public  in  and  for  said  county,  personally  came , 

and ,  his  wife,  personally  to  me  known  to  be  the  identical 

persons  whose  names  are  affixed  to  the  above  deed  as  grantors,  and  acknowl- 
edged the  same  to  be  their  voluntary  act  and  deed,  for  the  purposes  therein 
expressed. 

[L  s  ]  Witness  my  hand  and  notarial  seal  this day 


Notary  Public. 

NOTES,  (a)  In  purchasing  the  grounds  for  school-house  purposes,  the 
president  should  require  an  abstract  of  title  and  satisfy  himself  that  the 
property  is  free  from  incumbrance.  Let  the  property  in  all  cases  be  con- 
veyed to  the  district  in  its  corporate  name.  The  deed  should  be  filed  with 
the  president. 

(b)  In  case  of  the  donation  of  school-house  sites,  the  following  reversion- 
ary clause  may  be  appended  to  the  deed :    "  Provided,  that  if,  for  the  space 
of  two  consecutive  years  said  premises  shall  cease  to  be  used  for  school  pur- 
poses, the  same  shall  revert  to  the  original  donor,  his  heirs  or  assigns,  with- 
out legal  hlnderance  or  expense." 

(c)  Since,  by  section  1S27,  the  receipt  of  the  treasurer  for  the  money  de 
posited  with  him,  for  the  owner  of  the  land,  may  be  the  only  evidence  of 
title,  such  receipt  should  have  a  full  description  of  the  property,  contain  the 
proviso  of  note  (b)  of  this  form  with  this  addition,  "upon  the  repayment  of 
the  principal  amount  paid  by  the  district,  without  interest,  together  with 
the  value  of  any  improvements  thereon  made  by  the  district,"  and  the  re- 
ceipt should  be  recorded  by  the  county  recorder. 


13 


98  BLANK  FORMS. 

NUMBER  16. 

[Section  1741.] 

Form  of  Order  Register  of  Secretary  and  Treasurer. 


• 

;s 

d 

£3 

a 

? 

O> 

02 

S 

c 

DATE. 

IN  WHOSE  FAVOR 

FOR  WHAT  PURPOSE. 

£~s 

s  ^ 

•^"3 

DRAWN. 

8)1 

c  g 

1  o 

O  ^ 

•Sa 

1 

r 

EH 

April  7,  188.  . 

Teaching  school.  ... 

c> 

g* 

tS>Af     f\f\ 

April  7,  188.. 

A.J.Adams..   .. 

Rep.  on  S.  house  — 

15  00 

' 

April  7,  188.  . 

Joel  15.  Young.  .  . 

Fuel  

5  00 

May  iO,  188.. 

Thos.  Harrison.  . 

Erection  of  S.  house 

125  00 

O    V/U 

IMay  14,  188.. 

[Sarah  Johnson... 

Teaching  school...,. 

03  74 

NOTE. — The  law  requires  both  the  secretary  and  treasurer  to  keep  a  reg- 
ister of  all  orders  drawn  on  the  district  treasury,  containing  a  record  of -each 
item  enumerated  in  the  above  form. 

Whenever  orders  are  drawn,  the  secretary  should  register  them  and  fur- 
nish the  treasurer  with  a  transcript  of  the  same  to  place  upon  his  register. 

Whenever  partial  payment  is  made,  the  treasurer  should  indorse  the  pay- 
ment on  the  order  and  take  a  receipt  for  the  amount  paid.  When  paid  in 
full,  the  order  should,  in  all  cases,  be  indorsed  by  the  person  presenting  it, 
and  left  with  the  treasurer.  It  is  then  a  voucher  for  the  amount  paid. 


NUMBER  17. 

Form  for  Notice  of  District  Township  Meeting. 
[Section  1742.] 

Notice  is  hereby  given  to  the  qualified  electors  of  the  district  township  of 

%- ,  in  the  county  of ,  and  state  of  Iowa,  that 

the  annual  meeting  of  said  district  will  be  held  at ,  on 

the  second  Monday  in  March,  188. .,  at o'clock. . .  .M.,  for  the  transaction 

of  such  business  as  may  legally  come  before  it. 


Secretary. 
Dated,    ,188.. 

NOTES,    (a)  The  above  notice  must  be  posted  in  five  different  conspicuous 
places  in  the  district  and  a  copy  of  the  same  furnished  to  the  teacher  of  each 


BLANK  FORMS. 


99 


school  in  session  to  be  read  to  the  pupils  thereof.  In  independent  districts, 
insert  immediately  after  the  word  "for"  in  the  concluding  part  of  the  notice, 
the  words  "the  election  of  officers  and"  in  accordance  with  the  provisions  of 
sections  1807,  and  1808. 

(b)  The  same  notice  may  be  given  for  the  extra  meetings  provided  for  in 
sections  1717j^  mil  1S2J,  changing  the  time  of  holding  the  election  to  suit 
the  circumstances  of  the  case. 


NUMBER  18. 
Form  for  the  Treasurer's  Account  with  the  Teachers'  Fund. 

[Sections  1747, 1748.] 
, ,  TREASURER,  in  account  with  Teachers'  J7und.         DR. 


Sept.  23,  188.. 

Oct.    5,  188.. 

Jan.  4,  188.. 

April  5,  188.. 

Aprils,  188.. 

July   5,  188.. 


To  cash  received  of  County  Treasurer,  semi-annual 
apportionment 

To  cash  received  of  County  Treasurer,  district  tax. . . 

To  cash  received  of  County  Treasurer,  district  tax. . . 

To  cash  received  of  County  Treasurer,  district  tax. . . 

To  cash  received  of  County  Treasurer,  semi-annual 
apportionment 

To  cash  received  of  County  Treasurer,  district  tax. . . 


$270  00 

75  00 

150  00 

107  00 

135  00 

100  00 


,  TREASURER,  in  account  with  Teachers'  Fund. 


CR. 


Oct.  13, 188. .  By  cash  paid  James  ilogan,  on  order  No.  1 

Oct.  13, 188. .  By  cash  paid  S.irah  Smith,  on  order  No.  3 

Nov.  14, 188. .  By  cash  paid  Nicholas  Hoover,  on  order  No.  4 

May  3,  188. .  By  cash  paid  Louisa  Martin,  on  order  No.  7 

May  4,  188. .  By  cash  paid  Jas.  M.  Iliggins,  on  order  No.  10 

May  4, 188. .  By  casli  paid  Stephen  Piielps,  on  order  No.  11 

May  5, 183 ..  |  By  cash  paid  Amel  ia  Mason,  on  order  No.  13 \ 


$130  00 

89  00 

135  00 

82  00 

115  00 

175  00 

95  00 


NOTE. — A  similar  account  is  to  be  kept  with  the  school-house  fund  and 
contingent  fund,  and  a  statement  of  the  condition  of  any  fund  is  to  be  ren- 
dered at  any  time  when  required  by  the  board.  By  keeping  a  correct 
account  of  the  orders,  as  per  Form  5To.  10,  the  treasurer  will  know  the 
amount  outstanding,  and  can  readily  determine  what  per  cent  on  each  he 
can  pay  with  the  funds  on  hand. 

The  above  form  is  intended  for  separate  pages  opposite  each  other. 


100  BLANK  FORMS. 

NUMBER  10. 
[  Section  1745.] 

Report  of  the  Secretary  of  the t 

County,  Iowa,  for  the  Year  Eliding  September  15, 1S8. . 


DISTRICTS. 

SCHOOLS. 

TEACHERS. 

PUPILH. 

SCHOOL- 
HOUSES. 

APPA- 

RATUS.  || 

<  K 

Number  of  subdistrict  or  name  of  in- 
dependent district. 

Number  ungraded. 

I 

1 

to 
a 

09 
1 

a 

3 

1  Number  of  mouths  school  siuuo  Septem- 
ber of  last  year. 

Nucber  employed. 

Average  compensation  per 
month. 

Number  of  persons  between 
the  ages  01  5  and  21  years. 

Total  No.  of  difl'ereut  scholars  regis- 
tered in  the  schools  since  last  Septem- 

o 
o 

1 

a 

1 
1 

1 
co 

03 

I  Average  co>t  of  tuition  per  mouth  lor 
each  pupil. 

Number. 

| 

1 

00 

1 

O 

1 
a 

IJouded  indebtedness  of  independent 
1  district. 

i 

j 

1 

Females. 

1 

1 

Females. 

i  § 

» 

1 

1  STOUO. 

J 

*  •• 

;&>  .. 

8 

*... 

$... 

.... 

•• 

•• 

•• 

.... 

... 

.... 

... 

Totals  



* 

* 

_. 

* 

*Lcavo  these  totals  blank. 


BRANCHES  AND  TEXT  BOOKS. 

STATISTICS  OP  BLIND  AND  DEAF  AND  DUMB. 

Branches  taught. 

Text-books  used.            Name. 
\\ 

Age. 

Nature  oi 
Defect. 

Name  of 
parent. 

P.  O.  ad- 
dress. 

. 

, 

.          .  .  

I  hereby  certify  that  the  foregoing  report  is  correct. 

September ,  188. . 

Secretary. 


CLANK  FORMS. 


101 


NOTES,  (a)  At  their  regular  meeting  in  September,  call  the-  attention 
of  your  board  to  section  090,  Code  of  1S73,  which  directs  them  to  settle 
in  full  with  the  treasurer,  and  require  him  to  account  for  and  produce 
all  funds  and  property  under  his  control.  Neglect  to  do  this  will  make  the 
new  bond  valueless,  since  there  is  no  legal  proof  that  the  treasurer  had  any 
funds  in  his  possession.  The  fact  that  the  treasurer  has  made  a  complete 
settlement,  and  that  he  is  in  possession  of  the  funds,  should  be  indorsed  on 
the  new  bond.  See  note  (c)  to  section  1731. 

(b)  Two  or  more  terms  taught  in  the  same  school-house,  in  the  same  year, 
constitute  but  one  school. 

(c)  Express  all  fractions  decimally ;  omit  cents  in  the  valuation  of  school- 
houses  and  apparatus. 

(d)  To  find  the  average  daily  attendance  in  the  district,  divide  the  sum  of 
the  total  attendance  in  days,  as  shown  by  the  register  of  the  teacher  or 
teachers,  by  the  number  of  days  the  school  has  been  taught. 

(e)  To  find  the  average  cost  of  tuition  per  month  for  each  pupil,  divide 
the  total  amount  paid  teachers  by  the  number  of  months,  and  this  quotient 
by  the  average  daily  attendance. 

(f)  The  average  compensation  per  month  averages  between  winter  and 
summer  schools,  or  of  all  the  teachers  of  the  same  grade  employed  in  a  given 
district. 

(g)  Secretaries  should  file  their  reports  with  the  county  superintendent 
immediately  after  the  meeting  of  the  board,  on  the  third  Monday  hi  Sep- 
tember. 


NUMBER  20 
[Section  1751.] 


Report  of  tlie  Treasurer  of  the , 

County,  Iowa,  for  the  Year  Ending  September  ..,183.. 


DR. 


SCHOOL-HOUSE  FUND. 


CR. 


On  hand  at  last  report  
llecci  ved  from  district  tax.  .  .  . 

$.. 

Paid    for   school-houses   and 

3 

lleceivud  from  other  sources.  . 

Paid  for  library  and  apparatus 

Paid  on  bonds  and  interest.  .  • 

Paid  for  other  purposes  

On  hand  

Total  

-^— 

— 

Total  



— 

102 
DR. 


BLANK  FORMS. 

CONTINGENT  FUND. 


CR. 


On  hand  fit  last  report 

Paid  "for  vpnt   find    Tpmi^es   of 

lleceivccl  from  district  tax.  .  .  . 

school-houses  .... 

Received  i'rom  other  sources.  . 

Paid  for  fuel 

Paid  secretary  and  treasurer. 

Paid  for  records,  dictionaries 
and  apparatus  

Paid  for  insurance  and  jani- 
tors   

Paid    for    supplies,    brooms, 
chalk,  etc  

Paid  for  other  purposes  

On  hand  

Total  

Total  

DR. 


TEACHERS    FUND. 


CR. 


On  hand  at  last  report  
Received  from  district  tax.  .  .  . 

8  •• 

Paid  teachers  since  last  report. 
Paid  for  other  purposes 

8  .. 

Received    from    semi-annual 

On  hand  

.... 

" 

apportionment 

Received  from  other  sources 

Total  

Total  

I  hereby  certify  that  the  foregoing  report  is  correct. 

,  September ,  188. . 

,  Treasurer. 

NOTES,  (a)  The  totals  of  the  debit  and  credit  columns  in  each  fund 
SHOULD,  IN  ALL  CASES,  BE  EQUAL;  the  report  should  exhibit  the  exact 
amounts  received  and  paid  out  by  the  district  since  the  date  of  last  report. 
Unpaid  orders  are  not  to  be  reported. 

(b)  The  amount  on  hand  at  last  report  should  be  identical  with  the  amount 
reported  on  hand  in  your  last  report  to  the  county  superintendent. 

(c)  The  treasurer  is  required  to  make  a  full  report  to  the  board,  at  the  ex- 
piration of  his  term  of  office  on  the  third  Monday  of  September,  and  to  file  a 
copy  of  the  same  immediately  with  the  county  superintendent.    See  section 
1751,  School  Laws  of  1880. 

(d)  The  report  must  be  made  in  the  identical  items  printed  on  this  blank. 
Any  deviation  or  interlining  simply  causes  us  the  trouble  of  condensing. 

(e)  The  report  made  to  the  county  superintendent  should  be  identical  with 
the  final  report  made  by  the  treasurer  to  the  board  at  their  meeting  on  tho 
third  Monday  in  September. 


BLANK  FORMS.  103 

NUMBEK  21. 

Form  of  Contract  between  Subdirector  (or  Sewetary),  and  Teacher. 
[Sections  1753, 1757, 1758.] 

This  contract,  between '. ,  of county, 

Iowa,  and ,  subdirector  of  subdistrict  No. 

of  the  district  township  of in  the  county  of 

and  state  of  Iowa,  witnesseth : 

That  the  said agrees  to  teach  the  public  school  in  said 

subdistrict  for  the  term  of weeks,  commencing  on  the 

day  of ,  188. .,  and  well  and  faithfully  to  perform  the  duties 

of  teacher  in  said  school,  according  to  law,  and  the  rules  legally  established 
for  the  government  thereof,  including  the  exercise  of  due  diligence  in  the 
preservation  of  school  buildings,  grounds,  furniture,  apparatus,  and  other 
school  property. 

In  consideration  of  said  services,  the  said ,  as  subdirector 

aforesaid,  in  behalf  of  said  district  township,  agrees  to  pay  the  said 

the  sum  of dollars  per  school  month,  at  the 

end  of ,  and  to  perform  all  the  duties  required  by  law  as 

such  subdirector. 

Witness  our  hands  this day  of ,  A.  D.  188. . 


Teacher. 


Subdirector. 
The  within  contract  is  hereby  approved  this day  of ,  188. . 


President. 

NOTE. — With  a  little  variation  the  above  form  will  answer  for  independ- 
ent districts.  The  subdirector  should  file  the  contract  with  the  president 
and  secure  his  approval  before  the  teacher  enters  upon  his  duties.  The 
president  cannot  withhold  his  approval,  unless  there  has  been  a  violation  of 
law,  or  the  instructions  of  the  board  have  been  disregarded. 


104  BLANK  FORMS. 

NUMBER  22. 

Form  for  List  of  Heads  of  Families  and  Children,  to  be  kept  by  Subdirectors. 

[Section  1734.] 


PARENTS  OR  GUARDIAN'S. 

NAMES  OF  CHILDREN. 

SEX. 

AGE. 

1  'liter  iSinitli  

Mule  

]•»  years 

Eliza  Smith  
William  Jones  

Female  
Male  

10  years. 
15  years 

Charles  Peters,  (ward) 

Male  

!•'{  years 

Anna  Bvron.  . 

James  Bvron.  . 

Male.  . 

10  von  re. 

NOTE. — The  above  list  should  be  recorded  in  a  book,  and  carefully  pre- 
served with  the  records  of  the  subdistrict,  from  this  record  the  subdirector 
can  make  his  annual  report  to  tao  district  secretary,  as  required  by  section 
1753. 


BLANK  FORMS. 


105 


§  - 
I  ! 

O      ,S 
^     'o 

J  I 
•s 


^2    ® 


14 


"qx 


'8  "Ai 


•I  '- 


-cans 


'OS 


•85  '-qx 


'LZ  ''Ai 


•95  ''X 


•S5  "W 


-rang 


X 


X 


u 


X 


UL 


X 


f-i 


a 

s    ;  I 

"r~r~i^T 


106 


BLANK  FORMS. 


NOTE.— The  board  should  supply  each  school-room  in  the  district  with  a 
bound  copy  of  school  register. 

In  the  above  form,  E  indicates  the  date  of  the  pupil's  entrance;  \  , 
absence  in  the  forenoon ;  X  ,  absence  in  the  afternoon ;  20,  twenty  minutes 
late  forenoon;  lOe,  ten  minutes  late  afternoon,  excused.  The  absence  of 
marks  indicates  that  the  pupil  was  present  the  entire  day.  Absence  at  roll- 
call  is  indicated  by  a  dot,  which  is  afterwards  changed  to  figures,  or  a  diago- 
nal mark,  as  the  circumstances  require ;  *  indicates  branch  studied. 


NUMBER  24. 
Form  for  Teacher's  Term  Report  to  District  Secretary. 

Teacher's  report  to  the  district  secretary  of  the  school  taught  in  subdis- 

trict  No ,  of  the  district  township  of ,  . .% 

county,  Iowa,  for  the  term  commencing ,  188. . 

=TT 

4      TOTAL. 

Whole  number  of  pupils  enrolled 

Average  number  belonging 

Total  attendance  in  days -. 

Average  daily  attendance. . . 

Total  number  of  days  absent 

Number  of  cases  of  tardiness 

Number  neither  absent  nor  tardy 

Number  of  pupils  studying  orthography 

Number  of  pupils  studying  reading 

Number  of  pupils  studying  writing 

Number  of  pupils  studying  arithmetic 

Number  of  pupils  studying  geography 

Number  of  pupils  studying  grammar 

Number  of  pupils  studying  physiology 

Number  of  pupils  studying  United  States  history. 

Whole  number  of  days  taught ,    

Compensation  of  teacher  per  month ,  $ 

Average  cost  of  tuition  per  month,  for  each  pupil ,  & 

I  hereby  certify  that  the  above  report  is  correct. 

•Teacher. 

NOTES,    (a)    The  number  beloiif/ing  on  any  day  is  equal  to  the  number 
enrolled  less  the  number  who  have  been  absent  more  than  three  consecutive 


BLANKS  FORMS.  107 

whole  days.  To  obtain  the  average  number  belonging  for  the  term— divide 
the  sum  of  the  numbers  belonging  for  each  day  by  the  number  of  days  the 
school  has  been  taught. 

(b)  To  find  the  average  daily  attendance— divide  the  total  attendance  in 
days  by  the  number  of  days  the  school  has  been  taught. 

(c)  To  find  the  average  cost  of  tuition  for  each  pupil  per  month— divide 
the  amount  paid  the  teacher  per  month  by  the  average  daily  attendance  for 
the  term. 

The  above  form  will  also  serve  for  a  monthly  report  to  the  county  superin- 
tendent, in  case  he  requests  it. 


NUMBER  25. 
Form  of  Teacher's  Certificate. 

[Sections  1766,  1767.] 
TEACHER'S CLASS  CERTIFICATE. 

OFFICE  OF  COUNTY  SUPERINTENDENT,     ) 

county,  Iowa,  \ 

,188..     \ 

This  certifies  that has  passed  an  examination, 

as  required  by  law,  with  the  results  hereto  appended ;  that,  as  far  as  known 

by  me, possesses  a  good  moral  character,  aptness  to  teach  and  ability 

to  govern.    I  hereby  authorize to  teach  in  the  public  schools  of 

county  for  a  period  of months  from 

the  date  of  this  certificate. 

Per  cent.  Per  cent 

Orthography Physiology 

Reading U.  S.  History. 

Writing Theory  of  teaching 

Arithmetic Practice  of  teaching 

Geography 

Grammar 

No 

County  Superintendent. 

NOTE.-— A  certificate  is  valid  only  in  the  county  where  granted. 


108 


BLANK  FORMS. 


NUMBER  20. 
Form  for  Monthly  Report  of  Institute  Fund. 

[Section  17G9.] 
MONTHLY  REPORT  or  INSTITUTE  FUND. 

Received  from  examination  fees,  for  the  month  of ,  and 

paid  to  the  treasurer  of    county,  Iowa,  as  required  by 

Chapter  57,  Laws  of  1S74,  as  amended  by  Chapter  04,  Laws  of  ISIS. 


NAME  OF  APPLICANT. 

AMOUNT 
RECEIVED. 

NAME  OF  APPLICANT. 

AMOUNT 
RECEIVED. 

1 

2 

i) 

4 
i 
C> 
7 
8 
9 
10 
11 
12 
1" 

* 

.>" 

a 

"»S 

20 

'0 

rt-j 

.».• 

i-i 

js 

•](\ 

•',7 

'IS 

"0 

1-1 
V, 

10 

1  1 

10 
IT 
Ib 
11 
20 
21 
22 
2o 
2-1 
2: 
20 

l<> 

1° 

)- 

K 

17 

4b 

40      !    .      

*0 

-,1 

1 

Total  

s  

I  hereby  certify  that  the  above  report  is  correct. 
..  Iowa. 


County  Superintendent. 


.1, 188. 


NOTES,  (a)  The  monthly  report  and  payment  of  institute  fund  required 
by  section  1709  should  be  made  on  the  first  day  of  each  month. 

(I)  15y  the  requirements  of  Chapter  54,  of  the  Laws  of  1S78,  ono  dollar 
should  be  paid  by  every  applicant  for  a  certificate. 


BLANK  FORMS.  109 

NUMBER  27. 

Form  for  Receipt  of  Institute  Fund. 
[Section  1709.] 


RECEIVED  OF  .......................................  ,  superintendent 

of  schools,  ......................  county,  Iowa,  .....................  dollars 

institute  fund. 

........................  ,  Iowa.  ............................  , 

........  ...............  1,188..  County  Treasurer. 


NUMBER  28. 

Form  of  Application  for  Teachers'  Normal  Institute, 
[Section  17CO,  also  1584,  Code.] 

OFFICE  OF  COUNTY  SUPERINTENDENT,        ) 
county, ,  1SS..  f 


To  tJie  Superintendent  of  Public  Instruction : 

From  satisfactory  evidence  on  file  in  this  office,  I  hereby  certify  that  not 

less  than  twenty  teachers  desire  to  assemble  at , 

county,  Iowa,  on  the day  of , 

188. .,  for  the  purpose  of  holding  a  Teachers'  Normal  Institute,  to  remain  in 
session  for  a  period  of weeks. 

I  have  appointed,  subject  to  your  approval, conductor, 

and , , ,  assistants, 

and  hereby  request  your  concurrence  in  said  appointments. 


County  Superintendent. 


110 


BLANK  FORMS. 


NUMBER  29. 
Form  for  Report  of  Registration  Fees,  Institute  Fund, 

[  Section  17C9.] 
REPORT  OF  INSTITUTE  FUND. 

Received  from  registration  fees  of  normal  institute,  held  at 

commencing ,  188. .,  for  a  period  of weeks, 

and  paid  to  the  treasurer  of county,  Iowa,  as  required 

by  Chapter  57,  Laws  of  1874. 


NAME  OF  TEACHER. 

AMOUNT 
RECEIVED. 

NAME  OF  TEACHER. 

AMOUNT 
RECEIVED. 

1 

2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
10 
17 
IS 
19 
20 
21 
22 
23 
24 
25 
20 

$ 

07 

$ 

••>s 

0() 

•w 

S1 

82 

Is8 

S4 

T> 

'W 

S7 

^S 

•-W 

•10 

11 

'1° 

1S 

11 

1") 

10 

47 

•IS 

10 

r>0 

•~>1 

State  appropriation 
Total  

$  



I  hereby  certify  that  the  above  report  is  correct. 


, ,  Iowa. 


County  Superintendent. 


BLANK  FORMS. 
NUMBER  30. 

Form  of  Order  on  Institute  Fund. 
[Section  1769.] 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

$ ....,  county, ,188.. 

To ,  Treasurer  of county. 

Pay  to .,  or  order, dollars  out  of 

the  institute  fund,  for as  per  bill  No 

approved  this  day,  as  required  by  law,  and  on  file  in  my  office. 

No  ......  , 

County  Superintendent. 

NOTE.— The  county  superintendent  must  pay  to  the  county  treasurer  all 
moneys  received  for  the  institute  fund,  including  the  warrant  for  the  state 
appropriation.  He  should  not  issue  warrants  for  a  greater  amount  than  the 
funds  in  the  hands  of  the  county  treasurer  will  pay  off  and  satisfy. 


NUMBER  31. 

Form  for  Report  of  Teachers'  Normal  Institute. 
[Section  1769.] 

Report  of  Teachers'  Normal  Institute  held  at , 

, county,  commencing  on  the day  of 

,  188. .,  and  continuing weeks. 


INSTRUCTORS  AND  LECTURERS. 


TEACHERS. 

LECTURERS. 

Instructor 

112 


BLANK  FORMS, 

ATTENDANCE. 


MALES. 

FEMALES. 

TOTAL. 

AVliole  number  enrolled  

Total  .average  attendance  

DR. 


INSTITUTE  FUND. 


CK. 


On  hand  at  date  of  last  insti- 

ft 

INSTRUCTORS 
AND  LECTURERS. 

c  , 

•3 

Examination  fees  received  and 
paid  to  county  treasurer.  .  .  . 

Registration  fees  received  and 
paid  to  county  treasurer  .  .  . 

i 

State   appropriation   received 
and  paid  to  county  treasurer. 
County  appropriation  received 
and  paid  to  county  treasurer. 

3  

3     ' 

.2 

fc    . 

'9 

£    

i 

Orders  issued  for  inciden 

,al 

Unexpended  

Total  

$~i 

~l 

Total  

$  .. 

— 

I  hereby  certify  that  the  above  report  is  correct. 


County  Superintendent. 

NOTE.— The  report  of  the  institute  fund  should  show  the  total  receipts  and 
expenditures  since  the  date  of  the  last  institute  report.  The  debit  column 
should  contain  the  amount  on  hand  as  shown  by  the  last  institute  report, 
plus  all  subsequent  receipts.  The  credit  column  should  contain  the  total 
amount  expended  since  date  of  last  report,  plus  the  amount  on  hand  at  date 
of  present  report. 

The  examination  fees  should  be  equal  to  as  many  dollars  as  there  are 
applicants  for  certificates. 

The  registration  fees  must  equal  the  whole  number  enrolled. 

Give  the  total  incidental  expenses,  making  but  one  entry. 

The  totals  in  the  debit  and  credit  columns  should  in  all  cases  be  equal. 

A  duplicate  of  this  report  will  be  required  as  part  of  the  annual  report  of 
the  county  superintendent ;  it  is,  therefore,  necessary  that  county  superin, 
tendents  preserve  the  items  to  make  this  report. 


BLANK  FORMS.  H3 

NUMBER  82. 

Form  for  Revocation  of  Teachers?  Certificate. 
[Section  1771.] 

OFFICE  OF  COUNTY  SUPERINTENDENT, 
county, ,  188. . 

To  the  Boards  of  School  Directors  in  tlie  county  of and 

State  of  Iowa : 

WHEREAS,  On  the day  of ,  188. .,  a  certificate 

was  issued  authorizing to  teach  in  the  public  schools 

of  this  county ;  and, 

WHEREAS,  Upon  due  examination,  of  which  the  said. 

received  personal  notice,  and  was  permitted  to  be  present  and  make 

defense,  it  appeared  that  the  said in  consequence  of 

(here  state  the  offense — gross  immorality,  for  example),  is  unworthy  longer 
to  retain  the  same. 

Now,  therefore,  in  pursuance  of  the  provisions  of  section  1771,  of  the  school 
laws  of  the  state  of  Iowa,  the  said  certificate  is  hereby  revoked,  to  take  effect, 
from  and  after  the  date  hereof. 


County  Superintendent. 

NOTE. — A  copy  of  the  above  revocation  should  be  transmitted  to  the  sec- 
retary of  eacli  district,  and  the  secretary  should  immediately  notify  each 
subdirector  in  his  district  of  the  fact.  The  teacher  should  also  be  served 
with  a  copy. 


NUMBER  33. 

Form  for  Certificate  to  the  Board  of  Supervisors  of  the  Tax  Determined  by 
the  Board  of  Directors. 

[Section  1777.] 

..* ,188.. 

To  the  Board  of  Supervisors  of county,  Iowa : 

I  hereby  certify  that  a  tax  of dollars  was  this  day  deter- 
mined by  the  board  of  directors  of  the  district  township  of , 

in  the  county  of and  state  of  Iowa,  for  the  contingent 

fund,  and dollars  for  the  teachers'  fund,  as  provided 

in  section  1777  of  the  Code. 


Secretary. 

15 


BLANK  FORMS. 

NUMBER  34. 

Form  for  Certificate  to  the  Board  of  Supervisors  of  Tax  Voted  by  the  Dis- 
trict Township. 

[Sections  1777, 1778.] 

,188.. 

To  the  Board  of  Supervisors  of county,  Iowa : 

I  hereby  certify  that  at  a  meeting  of  the  electors  of  the  district  township 

of ,  in  the  county  of ,  and  state  of  Iowa, 

held  on  the  second  Monday  in  March,  188. .,  a  tax  of dollars  was 

voted  for  school-  house  purposes ;  and  that  this  tax  has  been  apportioned  by 
the  board  of  directors  among  the  subdistricts  as  follows : 

Upon  subdistrict  No.  1, dollars. 

Upon  subdistrict  No.  2, dollars. 

Upon  subdistrict  No.  3, dollars. 

Upon  subdistrict  No.  4, dollars. 

Upon  subdistrict  No.  5, dollars. 


Secretary. 

NOTE.— All  school-house  taxes  voted  by  the  district  township  electors, 
must  be  apportioned  among  the  subdistricts.    See  section  1778. 


NUMBER  35. 

Form  for  Certificate  of  Tax  Voted  by  a  Subdistrict,  and  not  Granted  by  the 
District  Township  Electors. 

[Section  1778.] 

I  hereby  certify  that  the  electors  of  subdistrict  No ,  in  the  district 

township  of ,  at  the  last  annual  meeting,  voted  to  raise 

the  sum  of dollars,  for  school-house  purposes,  more  than  was 

granted  by  the  electors  of  said  district  township. 

.,188..  Secretary. 


NOTE.— The  subdistrict  electors  may  vote  a  tax  for  school-house  purposes 
and  certify  the  same  to  the  district  township  meeting.  See  Form  No.  5. 
Whatever  portion  of  this  sum  the  township  electors  neglect  or  refuse  to 
grant,  must  be  certified  to  the  board  of  supervisors  to  be  levied  directly  upon 
the  subdistrict  making  the  request.  See  section  1778. 


BLANK  FORMS. 

NUMBER  30. 

Form  for  Notice  from  the  County  Auditor  of  tlie  Amount  of  Semi-annual 

Apportionment. 

[Section  17S2.] 

OFFICE  OF  COUNTY  AUDITOR, 

« county ,  188.. 

To , 

P resilient  of  the  District  Township  of 

Sir: — You  are  hereby  notified  that  according  to  the  semi-annual  appor- 
tionment made  this  day,  as  provided  by  section  17S1,  Code,  the  sum  of 

dollars  is  due  the  district  township  of in  the  county 

of ,  and  state  of  Iowa,  for  which  I  hand  you  here- 
with my  warrant  on  the  county  treasurer. 


County  Auditor. 

NOTE. — This  warrant  must  be  signed  by  the  president  and  countersigned 
by  the  secretary  of  the  board,  to  authorize  payment  of  the  amount  named 
therein  upon  presentation  by  the  district  treasurer. 


NUMBER  37. 

Form  of  Certificate  of  Election  of  County  /Superintendent. 
[Section  1783.] 

OFFICE  OF  COUNTY  AUDITOR, 

, county, ,  188.. 

I  hereby  certify  that - was  elected  to  the  office  of 

county  superintendent,  for  the  term  commencing  January ,188... 

Ilis  post-office  address  is ,  Iowa. 


County  Auditor. 

NOTE.— This  certificate  should  bo  forwarded  to  the  superintendent  of  pub- 
lic instruction  immediately  after  the  result  of  the  election  is  officially  deter- 
mined. 


116  BLANK  FORMS. 

NUMBER  38. 

Form  for  Certificate  of  Qualification  of  County  Superintendent. 
[Section  17S3.J 

OFFICE  OF  COUNTY  AUDITOR, 

, county, ,  188. . 

I  hereby  certify  that has  duly  qualified  for  the 

office  of  county  superintendent,  as  required  by  sections  C75  and  678,  Code,  for 

the  term  commencing  January ,  188. . 

His  post-office  address  is ,  Iowa. 


County  Auditor. 

NOTE. — This  certificate  should  be  forwarded  to  the  superintendent  of  pub- 
lic instruction  as  soon  as  the  qualification  and  bond  is  filed  in  the  office  of 
the  county  auditor,  after  such  bond  has  been  approved  by  the  board  of 
supervisors. 


NUMBER  39. 
Form  for  Notice  from  County  Treasurer  of  School  Tax  Collected. 

[Section  1785.] 

OFFICE  OF  COUNTY  TREASURER, 

county, ,  188 . . 

To ,  President  of  the  Board  of  Directors  of  the 

District  Township  of : 

You  are  hereby  notified  that  the  amount  now  collected  and  due  the  dis- 
trict township  of  '. ,  in county, 

Iowa,  is : 

$ school-house  fund. 

$ contingent  fund. 

$ teachers'  fund. 


County  Treasurer. 

NOTE.— It  is  the  duty  of  the  county  treasurer  to  notify  the  president  of  the 
board  of  each  district,  quarterly,  of  the  amount  collected  for  each  school 
fund  and  pay  it  to  the  district  treasurers  on  the  warrant  of  the  presidents, 
countersigned  by  the  secretaries. 

On  the  first  Monday  in  April  of  each  year,  the  county  treasurer  also  ren- 
ders a  statement  of  the  amount  of  taxes  uncollected  in  each  district  town- 
ship. See  section  1784. 


BLANK  FORMS. 


The  treasurer  is  required  to  pay  over  the  amount  of  each  fund  collected 
monthly,  to  independent  districts,  on  the  order  of  the  board. 


NUMBER  40. 

Form  of  Notice  Permitting  the  Attendance  of  Pupils  from  Adjoining 

Districts. 

[Section  1793.] 

To ...  : ,  Secretary  of  the  Board  of  Directors  of  the 

District  Township  of : 

Notice  is  hereby  given  that 

and , ,  pupils  residing  in  the  district  township  of 

,  have  been  granted  permission  by  the  board  and 

county  superintendent  to  attend  school  in  subdistrict  No ,  in  the  dis- 
trict township  of ,  commencing  on  the 

day  of 188. .,  for  a  term  of months. 

Dated  at , 

'....,188 

Secretary. 

NOTE.— By  Chapter  41,  Laws  of  1878,  when  the  boards  of  district  town- 
ships cannot  agree  on  the  attendance  of  scholars  in  adjoining  districts,  they 
may  attend,  if  the  other  conditions  of  the  law  are  f  ulfilled,  by  permission  o* 
the  board  where  they  wish  to  attend,  and  the  consent  of  the  county  superin- 
tendent of  the  county  where  they  reside,  and  tuition  can  bo  collected  only 
from  date  of  the  official  notice. 


NUMBER  41. 

Form  of  Application  for  Appointment  of  Appraisers  of  School-house  Site. 

[Section  1827.] 

To Superintendent  of county,  Iowa : 

In  accordance  with  the  action  of  the  board  of  directors  of  the  district  town- 
ship of ,  you  are  hereby  requested  to  appoint 

three  disinterested  persons  to  inspect,  and  assess  the  damages  which  the 
owner  will  sustain   by  appropriating  for  school   purposes,  the  following 


118                                           BLANK  FORMS, 
described  real  estate,  viz : 


Dated  at 

,188. 


President. 
Secretary. 


NUMBER  42. 

Form  for  Appointment  of  Appraisers  of  Site  for  School-liouse. 
[Section  1827.] 

To , and  : 

You  are  hereby  appointed  and  constituted  a  board  of  appraisers,  under  tho 
provisions  of  section  1827  of  the  Code  of  Iowa,  to  assess  the  damages  which 
the  owner  will  sustain  by  the  appropriation  for  school  purposes,  of  the  fol- 
lowing described  real  estate,  viz. : 


in  subdistrict  No ,  of  the  district  township  of ,  in  tho 

county  of   ,  and  state  of  Iowa,  containing  one  aero  of 

land. 

You  will  therefore,  on  the day  of ,  188. ., 

at o'clock M.,  proceed  to  examine  the  real  estate  above 

described,  and  assess,  under  oath,  the  cash  damages  which  the  owner  will 
sustain  by  the  appropriation  of  said  land  for  school  purposes,  and  imme- 
diately thereafter  report  to  me  in  writing,  the  amount  of  said  damages. 

Dated  at ,       , 

,  188. .  County  Superintendent. 

Oath  of  Appraisers. 

We, and 

do  solemnly  swear  that  we  will  well  and  truly,  and  to  the  best  of  our  ability 
perform  all  of  the  duties  imposed  upon  us  by  the  foregoing  commission. 


Subscribed  and  sworn  to  before  me  by 

and ,  this day  of ,  188. . 


BLANK  FORMS.  119 

NOTE. — Sufficient  time  must  be  allowed  between  the  appointment  of  this 
commission  and  the  time  set  for  appraising  the  damages,  to  give  the  owner 
legal  notice  thereof.  See  note  (a)  to  section  1S27. 


NUMBER  43. 
Form  of  Notice  to  Owner  of  Real  Estate  of  Appointment  of  Appraisers. 

[Section  1827.] 

To ,  , county,  Iowa: 

You  are  hereby  notified  that  I  have  this  day  appointed  appraisers  to  assess 
the  damages  which  the  owner  will  sustain  by  the  appropriation,  for  school 
purposes,  of  the  following  described  real  estate,  viz. : 


Said  appraisers  will  meet  at  the  above  described  real  estate,  on  the day 

of ,  188. .,  at o'clock M.,  and  assess  said  damages  as 

provided  by  section  1827,  of  the  Code  of  Iowa. 

Dated  at , 

,188..  . 


County  Superintendent. 


NUMBER  44. 

Form  for  Report  of  Appraisement  of  Property  for  School  Purposes. 
[Section  1827.] 

To ,  Superintendent  of county,  Iowa: 

We,  the  undersigned,  having  been  appointed  to  appraise  the  damages 
which  the  owner  will  sustain  by  the  appropriation,  for  school  purposes,  of 
the  following  described  real  estate,  viz. : 


do  hereby  report,  that  we  have  on  this day  of ,  1SS. . 


120  BLANK  FORMS. 

carefully  examined  said  described  real  estate,  and  have  appraised  the  damageo 
at dollars. 

Dated  at 

188.. 


>•  Appraisers. 


NUMBER  45. 
Form  for  Notice  of  Assessment  of  Damages. 

[Section  1827.] 

To , , county,  Iowa: 

You  are  hereby  notified  that  appraisers  were  appointed  to  assess  the  dam- 
ages which  the  owner  would  sustain  by  the  appropriation  for  school  pur- 
poses, of  the  following  described  real  estate,  viz. : 


and  that  said  appraisers  met  at  said  premises  on  the day  of , 

188 ..,  and  assessed  said  damages  at dollars,  as  shown  by 

their  report  on  file  in  my  office. 
Dated  at , 


County  Superintendent. 


NUMBER  40. 

Form  for  Affidavit  of  Appeal. 
[Section  1SGO.] 


STATE  OF  IOWA,       \  Q_ 
county,  J5 


v.  \ 

DISTRICT  TOWNSHIP  or ) 

1^ ,  being  duly  sworn,  on  oath  say:  that  on 

the day  of ,  A.  D.  188. .,  the  board  of  directors  of 

said  district  township  rendered  a  decision  (or  made  an  order)  whereby  (Jier 


BLANK  FORMS. 


121 


state  facts  showing  affiant's  interest  in  the  decision,  and  the  injury  to  that 
interest);  that  said  board  in  rendering  the  decision  (or  making  the  order) 
aforesaid,  committed  errors  as  follows :  (Here  state  the  errors  charged.) 


Subscribed  and  sworn  to,  by . . ; . .  .before  me,  this. 

day  of A.  D.  188. . 


STATE  OF  IOWA, 
coun 


NUMBER  47. 

Form  for  Notice  of  Appeal. 

[Section  1S32.] 

ty.H 


v.  \ 

DISTRICT  TOWNSHIP  OF ) 

To , 

Secretary  of  the  Board  of  Directors  of  tfie  District  Township  of. / 

You  are  hereby  notiified  that has  filed  in  my  office 

an  affidavit  alleging  that  said  board  of  directors,  on  the day  of 

A.  D.  188. .,  made  a  decision  (or  an  order)  whereby  (liere  describe  the  decision 
or  order  so  that  the  secretary  may  identify  it),  and  claiming  an  appeal  there- 
from. You  are  therefore  required  within  ten  days  after  receiving  this 

notice,  to  file  in  my  office  at ,  in  said  county,  a  complete 

transcript  of  the  record  of  the  proceedings  of  the  board  relating  to  said  order, 
together  with  copies  of  all  papers  filed  with  you  pertaining  to  said  action 
appealed  from. 
Dated  at , 

.,188.. 


County  Superintendent. 


10 


122  BLANK  FORMS. 

NUMBER  48. 

Form  of  Certificate  to  District  Secretary's  Transcript. 
[Section  1832.] 

I, ,  secretary  of  the  board  of  directors  of  tho 

district  township  of... in  the  county  of , 

Iowa,  hereby  certify  that  the  foregoing  is  a  correct  and  complete  transcript 
of  t lie  record  of  all  proceedings  of  the  board  and  of  all  papers  filed  relating 
to  the  case v 

Dated  at , 

.,188.. 


Secretary. 
NOTE.— The  secretary's  transcript  will  contain : 

1.  A  copy  of  all  that  portion  of  the  records  of  the  proceedings  of  the 
meeting,  relating  to  the  action  appealed  from,  with  the  date  of  the  meeting. 

2.  A  copy  of  each  petition,  remonstrance,  plat,  or  other  paper  relating  to 
said  action,  submitted  to  the  board;  to  which  will  be  annexed  the  above  cer- 
tificate. 


NUMBER  40. 
Form  for  Notice  of  Hearing  of  Appeal. 

[Section  1833.] 
STATE  OF  IOWA,        )  ^ 


county. 


v. 
DISTRICT  Towxsnir  OF. 


To : 

You  are  hereby  notified  that  there  is  on  file  in  this  office  a  transcript  of 

the  proceedings  of  the  board  of  directors  of  the  district  township  of 

,  at  a  meeting  held  on  the day  of 

18$. .,  in  relation  to  (Jiere  describe  the  decision  or  order  appealed  from),  from 
\*hi<:h  appeal  has  been  taken;  and  that  the  said  appeal  will  be  heard  before 

me  at ,  in  said  county,  on  the day  of 

.,  1S8. .,  at o'clock M. 

Dated  at '. , 

.,188.. 


County  Superintendent. 

NOTE.— The  appellant,  the  president  and  secretary  of  ilic  board,  and  other 
parties  known  to  be  interested,  should  receive  a  copy  of  this  notice. 


BLANK  FORMS.  123 

NUMBEK  50. 

Form  of  Certificate  to  the  County  Superintendent's  Transcript. 
[Sections  1832, 1S35.] 

I, ,  superintendent  of 

county,  Iowa,  hereby  certify  that  the  foregoing  is  a  correct  and  complete 
transcript  of  the  records  of  all  proceedings  had,  evidence  given,  and  papers 
filed  in  my  office,  and  my  rulings  thereon ;  also  of  my  decision  in  the  case 
v 

Dated  at , 

.,188.. 


County  Superintendent. 

NOTES,  (a)  The  date  of  filing  every  paper  should  be  indorsed  thereon ; 
also  in  the  case  of  motions,  all  orders  and  rulings  of  the  county  superintendent 
All  oral  motions  and  evidence  should  be  reduced  to  writing. 

(o)  The  transcript  of  the  county  superintendent  will  consist  of  a  literal 
copy  of  every  paper  filed  and  all  indorsements  thereon,  together  with  a  copy 
of  all  evidence  given ;  the  whole  arranged  in  chronological  order  closing 
with  the  decision  of  the  county  superintendent  in  full,  with  the  above  certi- 
ficate annexed.  See  notes  (c)  and  (d)  to  section  1834. 


INDEX- 


ACCOUNTS- 

District  treasurer  shall  keep 1747  25 

County  superintendent  should  keep 1709  30 

County  auditor  shall  keep 1781  43 

Secretary  shall  keep 1782  43 

County  treasurer  shall  keep. 1784  44 

APPEALS— 

AVho  may  take,  and  when  taken 1829  04 

Affidavit,  basis  of 1330  05 

Affidavit  shall  set  forth  errors 1831  05 

County  superintendent  to  notify  secretary 1832  05 

Secretary  to  send  up  transcript 1832  05 

Interested  parties  to  be  notified 1833  ^J5 

Testimony  heard  and  decision  rendered 1834  CO 

To  the  superintendent  of  public  instruction 1835  CO 

Judgment  for  money  not  to  be  rendered. 1830  07 

Postage  paid  by  party  taking  appeal 1830  07 

BOARD  OF  DIRECTORS— See  also  Independent  Districts. 

Continue  to  act  when  district  is  divided 1715  5 

Divide  assets  and  liabilities 1715  5 

Choose  arbitrators  in  case  of  disagreement 1715  5 

Call  special  meeting  of  electors,  when 1717%  8 

Consist  of  three  subdirectors,  when 1720  10 

Enter  upon  duties  at  regular  meeting  in  March 1721  10 

Organize  by  electing  the  president  from  their  own  number. .  1721  10 

Elect  secretary  and  treasurer  at  September  meeting 1721  10 

Secretary  and  treasurer  chosen  outside  the  board,  when 1721  10 

Secretary  and  treasurer  have  no  vote,  when 1721  10 

Hold  regular  meetings  3d  Monday  in  March  and  September. .  1722  12 

Special  meetings  called  by  president,  or  on  request 1722  12 

May  hold  meetings  at  any  place  in  civil  township 1722  12 

Shall  make  contracts,  etc.,  to  execute  vote  of  district 1723  12 

Must  consult  superintendent  before  erecting  school-house. . . .  1723  12 

Advertise  for  proposals  and  make  contract,  when 1723  12 

Require  bond  for  performance  of  contract 1723  12 


126  INDEX. 

•T/T 

BOARD  OF  DIRECTORS— CONTINUED— 

Fix  site  for  school-house 1704  14 

Determine  number  of  schools  and  their  duration 1724  14 

Create  no  subdistrict  for  less  than  Of  teen  of  school  age 1725  15 

May  rent  room  and  employ  teacher  for  five  scholars 1725  15 

May  establish  graded  schools 1720  10 

May  select  superintendent  of  schools  of  district. 1720  10 

One  or  more  schools  taught  in  each  subdistrict 1727  10 

Required  to  provide  a  school  in  each  subdistrict 1727  10 

Must  provide  for  at  least  six  months'  school 1727  10 

County  superintendent  may  release  board  from  obligation. . .  1727  10 

Not  to  change  text-books  oftener  than  once  in  three  years. . .  1728  17 

Electors  may  authorize  board  to  change  text-books 1728  17 

May  use  unappropriated  contingent  fund  to  buy  apparatus. .  1720  18 

Contract  no  debts  for  apparatus 1729  18 

Appoint  temporary  president  and  secretary 1730  18 

Fill  any  vacancy  in  the  board,  or  its  offices 1730  18 

Require  secretary  and  treasurer  to  give  bond 1731  19 

Bonds  to  be  filed  with  the  president 1731  19 

Examine  accounts  of  treasurer  and  make  settlement  with  him  1732  19 

Present  statement  to  district  township  meeting 1732  19 

Audit  and  allow  just  claims 1733  19 

Fix  compensation  of  secretary  and  treasurer 1733  19 

Draw  no  order  until  claim  is  audited  and  allowed 1733  19 

Yisit  schools  of  their  district  and  aid  teachers 1734  20 

May  discharge  teacher  after  investigation 1734  20 

Require  secretary  to  certify  election  of  school  officers 1736  21 

Make  rules  to  govern  subdirectors 1737  21 

Majority  a  quorum 1738  22 

Certify  no  tax  after  third  Monday  in  May 1738  22 

Majority  vote  required  to  change  boundaries  of  subdistricts..  1738  22 

Receive  no  pay  for  official  services 1738  22 

May  employ  counsel,  when 1740  23 

Proceedings  of,  to  be  recorded  by  secretary 1741  23 

Audit  accounts  presented  by  secretary 1743  24 

May  require  statement  from  treasurer 1751  27 

Limit  subdirector  in  making  contracts 1753  29 

Responsible  for  township  on  contracts 1753  29 

Must  have  languages  taught,  when 1703  33 

County  superintendent  not  to  be  a  member  of 1705  34 

Estimate  amount  for  teachers' and  contingent  funds 1777  40 

Apportion  school-house  tax 1778  41 

Satisfy  judgment  with  order 1787  45 

Member  or  member  elect  may  administer  official  oath 1790  40 

Must  qualify  on  or  before  the  third  Monday  in  March 1790  46 

Have  no  jurisdiction  over  independent  districts 1792  46 


INDEX.  127 

6EO.  PAOE. 

BOARD  OF  DIRECTORS— CONTINUED— 

May  admit  pupils  from  adjoining  districts 1793  40 

May,  with  consent  of  county  superintendent,  admit  pupils.. .  1793  46 

Notify  board  of  adjoining  district,  when 1793  46 

Fix  terms  of  tuition,  when 1794  43 

Divide  district  into  subdistricts,  and  change  boundaries 179C  48 

Cause  description  of  subdistricts  to  be  recorded 1796  48 

May  consent  to  attach  territory  to  adjoining  township 1797  49 

May  restore  territory 1798  50 

Must  restore  territory,  when 1798  50 

Establish  boundaries  of  contemplated  independent  district.. .  1801  51 

Give  notice  of  election  for  directors 1802  52 

May  concur  in  change  of  boundaries 1809  55 

Submit  question  of  consolidated  organization. . , 1814  57 

Make  settlement  under  sections  1814-1S19. ; 1820  60 

Shall  deposit  amount  of  appraisement 1827  62 

Shall  pay  costs  of  appraisement 1827  62 

Provide  for  payment  of  bonds,  (Chap.  132,  Laws  of  1878) 2  79 

BOARD  OF  SUPERVISORS— 

County  superintendent  not  to  be  a  member  of 1765  34 

Provide  place  for  examination  of  teachers 1766  34 

May  appropriate  sum  for  normal  institute 1769  36 

May  grant  county  superintendent  additional  compensation. .  1776  40 

Levy  taxes  for  school  funds 1777  40 

Levy  tax  on  subdistrict,  when 1778  41 

Levy  county  tax  of  from  one  to  three  mills 1779  42 

Limits  of  taxes  for  school  purposes 1780  43 

Levy  tax  to  pay  money  borrowed  from  school  fund 1788  45 

Shall  not  divide  school  district,  when 1799  50 

Levy  tax  for  independent  district  just  organized 1804  53 

May  submit  question  of  establishing  county  high  school 169S  71 

Appoint  trustees  of  county  high  school 1699  72 

Fill  vacancies  in  trustees  of  county  high  school 1711  74 

Allow  compensation  of  trustees 1712  74 

Pay  tuition  of  children  in  poor-house,  (Chap.  166,  Laws  of  1878)       1  81 

Levy  tax  to  pay  bonds,  when,  (Chap.  132,  Laws  of  1880) 6  86 

BONDS- 

Required  for  performance  of  contract 1723  12 

Secretary  and  treasurer  to  give 1731  19 

Filed  with  president 1731  19 

Independent  districts  may  issue,  for  erection  of  school-house  1821  60 

Rate  of  interest  on 1821  60 

Electors  to  vote  on  question  of  issue 1822  61 

Denomination  and  time 1822  61 

Treasurer  to  negotiate,  at  par 1822  61 

Principal  and  interest,  how  paid 1823  61 


128  INDEX. 

BONDS-CONTINUED-                                                                    8EO'  PAGB* 

Trustees  of  county  high  school  must  give 1C99  72 

Treasurer  of  county  high  school  give  additional 1704  73 

Treasurer  of  normal  school  must  give,  ( Chap.  129,  Laws  of  1876)       4  77 

Trustees  may  require  of  other  officers,  (Chap.  129,  Laws  of  1870)       4  77 
Any  district  may  issue  for  judgment  indebtedness,  when, 

(Chap.  132,  Laws  of  1878) i  79 

Form  of,  and  other  requirements,  (Chap.  132,  Laws  of  1878) . .        1  79 
Any  district  may  issue  for  judgment  indebtedness,  when, 

(Chap.  51,  Laws  of  1880) 1  84 

Form  of,  and  other  requirements,  (Chap.  51,  Laws  of  1880). . .        1  84 
Board  of  independent  district  may  issue  to  refund,  (Chap.  132, 

Laws  of  1880) 1  85 

Bate  of  interest  and  other  conditions,  (Chap.  132,  Laws  of  1880)       1  85 

Treasurer  to  sell,  (Chap.  132,  Laws  of  1880) 2  85 

Time  to  run,  (Chap.  132,  Laws  of  1880) 3  85 

Form  and  other  requirements,  (Chap.  132,  Laws  of  1880) 4  86 

Provisions  for  payment,  (Chap.  132,  Laws  of  1880) 6  86 

BOUNDARIES— 

Of  subdistricts  may  be  changed 1796  48 

Plat  filed  with  county  officers 1796  48 

Of  independent  district  may  be  changed 1809  55 

Of  independent  districts,  changed 1814  57 

Of  independent  districts,  changed,  (Chap.  133,  Laws  of  1878). .        1  80 

COMPENSATION— 

Of  secretary  and  treasurer 1733  19 

Members  of  board  may  not  have 1738  22 

Of  teachers 1757  31 

Of  county  superintendent 1776  40 

Of  appraisers  of  site 1827  62 

CONTRACTS— 

Board  to  make,  to  execute  vote  of  district 1723  12 

Subdirector  to  make,  under  rules  and  restrictions 1753  29 

When  made  by  subdirector,  must  be  approved  by  president. .  1753  29 

Teachers',  must  be  in  writing 1757  31 

Secretary  or  subdirector,  and  teacher  to  sign 1757  31 

Approved  by  and  filed  with  the  president 1757  31 

COUNTY  AUDITOR— 

Superintendent  to  file  statement  with,  of  time  employed 1776  40 

Make  semi-annual  apportionment 1781  43 

Notify  presidents  of  apportionment ;  issue  warrants  for  same  1782  43 

Certify  to  election  and  qualification  of  county  superintendent  1783  •  44 

Report  to  auditor  of  state 1783  44 

Deduct  cost  of  tuition  from  semi-annual  apportionment,  when  1793  46 

Record  plat  of  districts 1796  48 


INDEX.  129 

8EO.  FAGS. 

COUNTY  HIGH  SCHOOLS— 

County  with  a  population  of  2,000  may  establish 1697  71 

Object 1697  71 

Board  of  supervisors  may  submit  question  of  establishing. . .  1698  71 

Yotes,  how  canvassed , 1699  72 

Board  of  supervisors  appoint  trustees 1699  72 

County  superintendent  member  of  board 1699  72 

Bond  and  oath  of  trustees 1699  72 

When  and  how  trustees  are  elected 1700  72 

Terms  of  office  of  trustees 1700  72 

County  superintendent  president  of  board 1701  72 

Secretary  and  treasurer  appointed  from  board. 1701  72 

Trustees  shall  make  estimate  of  funds  needed 1702  72 

Shall  present  estimate  to  board  of  supervisors 1702  72 

Tax  not  to  exceed  two  and  five  mills 1702  72 

Tax  to  be  paid  to  treasurer  of  county  high  school 1703  73 

Treasurer,  give  additional  bond 1704  73 

Duties  of  treasurer 1704  73 

Secretary  and  treasurer  to  keep  account 1704  73 

Statement  to  be  made 1704  73 

Board  to  select  site  for  high  school 1705  73 

Site,  to  be  without  expense  to  county 1705  73 

Board  to  make  purchases,  contracts,  etc 1705  73 

Board  to  employ  teachers 1706  73 

Model  schools  to  be  encouraged 1706  73 

Tuition  free  to  residents  of  county 1707  73 

Apportionment  of  pupils 1707  73 

Pupils  from  other  counties  may  be  admitted 1708  74 

Rules  and  regulations  for  school 1709  74 

Trustees  to  make  annual  report  to  board  of  supervisors 1710  74 

Copy  of  report  sent  to  superintendent  of  public  instruction..  1710  74 

Board  of  supervisors  may  fill  vacancies 1711  74 

Compensation  of  trustees 1712  74 

COUNTY  SUPERINTENDENT— 

Recommend  plans  for  school-houses 1723  12 

May  release  boards  from  obligation  to  have  schools  taught. . .  1727  16 

May  require  teacher  to  record  matters  designated 1734  20 

Notified  when  schools  begin 1744  24 

Receive  annual  report  from  secretaries 1745  24 

Receive  annual  report  from  treasurers 1751  27 

Grant  certificate  to  teach  foreign  languages  when  required...  1763  33 

Not  to  be  a  member  or  officer  of  board  of  directors 1765  34 

Not  to  be  a  member  or  officer  of  board  of  supervisors 1765  34 

Examine  teachers  last  Saturday  of  each  month 1766  3* 

Branches  in  which  examination  is  made,  specified 1766  34 

17 


130  INDEX. 


SE°' 


COUNTY  SUPERINTENDENT—  CONTINUED— 

May  have  assistant  examiners  ...........................  ____  176(5  34 

May  give  certificate  for  special  branches  .....................  1700  34 

Give  certificate,  if  examination  is  satisfactory.  .  .  ............  1707  35 

Examinations  must  be  public.  .  .  .  ............................  1708  so 

Keep  record  of  examinations  ................................  1703  35 

Hold  normal  institute  annually  ..............................  1709  30 

With  concurrence  of  state  superintendent  procure  assistance  1769  36 

Require  registration  fee  ..........  ...........................  1709  30 

Require  fee  from  every  applicant  for  certificate  ..............  1709  36 

Transmit  moneys  to  county  treasurer  .......................  1709  30 

Make  report  to  county  treasurer  ................  .............  1709  30 

Issue  orders  upon  institute  fund  .............................  1709  30 

May  appoint  deputy,  who  cannot  visit  schools  or  try  appeals.  1770  38 

May  revoke  certificate  of  teacher  ............................  1771  33 

Give  personal  notice  of  investigation  ........................  1771  33 

Make  annual  report  to  superintendent  of  public  instruction.  .  1772  39 

File  statement  of  number  of  youth  with  county  auditor  ......  1772  39 

Penalty  for  failure  to  file  reports  ............................  1773  39 

Conform  to  instructions  of  superintendent  public  instruction  1774  39 

Visit  schools  at  least  once  in  each  term  ......................  1774  39 

Report  the  blind,  and  deaf  and  dumb  ........................  1775  40 

Compensation  of  ............................................  1776  40 

File  statement  of  time  employed  ........................  ____  1776  40 

Attach  territory  to  another  township,  when.  .  ...............  1797  49 

Appoint  appraisers  and  give  notice  to  owner  of  land  .........  1827  02 

Notify  secretary  to  file  transcript  ...........................  1832  05 

Notify  interested  parties  ....................................  1833  65 

Hear  testimony  and  decide  appeal  ...........................  1834  66 

;Make  provisions  for  institutes.  ...  ..........................  1584  09 

;Member  of  board  trustees  county  high  school  ...............  1699  72 

President  of  board  trustees  county  high  school  ......  .........  1701  72 

:Sex  not  a  bar  to  office,  (Chap.  136,  Laws  of  1876)  ...........  .  .        1  79 

COUNTY  TREASURER- 

Disburse  institute  fund  on  order  of  county  superintendent.  .  .  1769  36 

Pay  over  all  taxes  collected,  on  first  Monday  in  April  ........  1784  44 

Render  statement  of  taxes  uncollected  .......................  1784  44 

Pay  over  taxes  quarterly  .....................................  1784  44 

Keep  school-house  tax  separate  for  subdistrict,  when  ........  1784  44 

Keep  separate  account  with  independent  districts  ...........  1784  44 

Pay  taxes  collected,  to  independent  districts  monthly  ........  1784  44 

Xotif  y  presidents  quarterly,  of  tax  collected  for  each  fund.  .  .  1785  45 

Pay  taxes  to  district  treasurers  on  warrants  .................  1785  45 

Pay  treasurer  of  county  high  school  taxes  collected  ........  1703  73 


INDEX. 

8KO,      PAQE. 

DECISION- 

Of  board  may  be  appealed  from 1829  64 

Of  county  superintendent  final  unless  appealed  from 1834  66 

Of  superintendent  of  public  instruction  final 1835  66 

DISTRICT  TOWNSHIPS— 

Each  civil  township  a  school  district 1713  5 

When  left  without  officers,  how  supplied 1714  5 

When  divided,  board  to  continue  to  act  until  next  election...  1715  5 

Respective  boards  divide  assets 1715  5 

Arbitrators  chosen  in  case  of  disagreement '1715  5 

Division  of  assets  when  independent  districts  are  formed 1715  5 

Corporate  name. : . . .  1716  7 

Hold  annual  meeting 1717  7 

Hold  special  meeting 1717>£     8 

Suit  to  be  brought  in  name  of 1731  19 

Claims  against,  audited  by  board 1733  19 

Bring  suit  if  secretary  fails  to  make  annual  report. . , 1746  25 

Bring  suit  if  treasurer  fails  to  make  annual  report 1751  27 

Liable  for  tuition  in  certain  cases  1793  46 

May  be  consolidated  and  organized  as  independent  districts..  1814  57 

May  be  formed  from  independent  districts 1815  58 

DISTRICT  TOWNSHIP  MEETING— 

Held  annually  on  the  second  Monday  in  March 1717  7 

May  appoint  chairman  and  secretary 1717  7 

Direct  sale  of  district  property. 1717  7 

Determine  additional  branches 1717  7 

Delegate  foregoing  powers, 1717  7 

Vote  tax  for  school-houses,  sites,  and  libraries 1717  7 

Transfer  surplus  school-house  funds 1717  7 

Yote  of,  executed  by  board 1723  12 

May  authorize  board  to  change  text-books 1728  17 

Statement  to  be  presented  at,  by  board 1732  19 

Five  notices,  stating  hour,  posted  by  secretary 1742  24 

Copy  of  notice  furnished  to  teachers 1742  24 

May  vote  concerning  control  of  school-house. . .  1753  29 

May  vote  that  foreign  languages  be  taught 1763  33 

Vote  tax  to  pay  judgment  and  other  liabilities 1787  45 

Not  to  organize  before  9  A.  M.  nor  adjourn  before  12  M 1789  45 

ELECTION- 

Special  for  directors 1714  5 

For  subdirectors  1718  9 

To  form  new  district ...  1801  51 

For  directors 1808  54 

For  voting  bonds 1822  61 

For  establishing  county  high  school 1698  71 

Of  trustees  for  county  high  school 1700  72 


132  INDEX. 

SEC.  PAGE. 

FEE— 

Paid  by  every  one  attending  institute 1769  36 

Paid  by  every  applicant  for  certificate 1769  36 

FINES  AND  PENALTIES— 

Of  district  secretary,  for  failure  to  report —  1746  25 

Of  district  treasurer,  for  failure  to  report 1751  27 

Of  county  superintendent,  1'or  failure  to  report 1773  39 

To  whom  they  shall  inure 1786  45 

Suit  brought  in  name  of  district,  when 1786  45 

Suit  brought  in  name  of  county,  when 1786  45 

Suit  brought  by  district  attorney,  when 1786  45 

Added  to  fund  next  used 1786  45 

For  misapplication  of  money,  etc 1791  46 

Of  director,  for  failure  to  make  statement 1813  57 

FOKMS— See  Index  to  Forms. 

FUNDS- 

School-house,  contingent,  and  teachers',  defined.   1748  26 

Separate  account  with  each,  to  be  kept  by  treasurer 1748  26 

Fund  and  object  must  be  specified  in  order 1748  26 

Teachers',  and  contingent,  amount  for,  estimated  by  board. . .  1777  40 

Amount  levied  for  school-house  fund  not  to  exceed  ten  mills  1780  43 

Amount  for  contingent  fund,  not  to  exceed  $5  per  scholar. . .  1780  43 

Amount  for  teachers'  fund,  not  to  exceed  $15  per  scholar 1780  43 

$75  may  be  levied  for  contingent  fund,  for  each  subdistrict. .  1780  43 

$270  may  be  levied  for  teachers'  fund,  for  each  subdistrict. . .  1780  43 

Permanent,  interest  on,  apportioned 1781  43 

Secretary  to  keep  separate  account  with  each 1782  43 

GENERAL  PROVISIONS- 

School  month  defined. . . ' 1761  33 

Schools  closed  during  teachers'  institute 1762  33 

Electors  may  vote  that  foreign  languages  be  taught 1763  33 

Schools  must  be  taught  in  English 1763  33 

Bible  not  to  be  excluded  from  schools 1764  34 

Pupils  not  required  to  read  Bible  contrary  to  wish  of  parents  1764  34 

INDEPENDENT  DISTRICTS— 

Organized  prior  to  September  1, 1873,  to  continue 1713  5 

Left  without  officers,  trustees  call  election 1714  5 

Assets  and  liabilities  divided  when  boundaries  are  changed ..  1715  5 

Corporate  name  of 1716  7 

Majority  of  board  and  president  may  dismiss  pupils 1735  21 

Tax  for,  county  treasurer  to  pay  over  monthly 1784  44 

Polls  to  remain  open  from  9  A.  M.  to  4  p.  M.,  when 1789  45 

City,  town  or  village  containing  200  inhabitants  may  organize  1800  50 

Directors  of  district  township  to  establish  boundaries 1801  51 


INDEX.  133 

SEC.  PAGE. 

INDEPENDENT  DISTRICTS— CONTINUED— 

Electors  to  vote  for  or  against  separate  organization 1801  51 

Term  of  office  of  directors,  determined  by  lot 1802  52 

Board  to  elect  president 1802  52 

Board  to  elect  secretary  and  treasurer  in  September 1802  52 

Board  to  consist  of  three  members,  when  1802  52 

Treasurer  of  board  of  three  may  not  be  member 1802  52 

Must  be  completely  organized  before  the  first  of  August 1804  53 

Taxes  levied  by  district  township  to  be  void,  when 1804  53 

Board  to  levy  taxes,  when 1804  53 

When  formed  from  two  or  more  townships,  who  give  notice  1805  53 

Governed  by  laws  for  district  townships,  when  applicable —  1806  54 

Electors  may  vote  tax  for  erection  of  school-house,  etc 1807  54 

Annual  meeting  of 1808  54 

Election  of  officers 1808  54 

Who  are  judges  of  election ; 1808  54 

Boundaries  between,  and  district  township,  may  be  changed, 

how 1809  55 

Board  of,  to  set  off  territory,  when 1810  55 

May  consolidate 1811  56 

Former  district  may  be  reorganized 1812  56 

Board  make  statement  of  receipts  and  disbursements 1813  57 

Board  publish  statement,  when 1813  57 

Board  post  statement,  when 1813  57 

Board  liable  to  penalty  for  failure  to  make  statement 1813  57 

District  township  may  become  independent 1814  57 

Independent  districts  may  be  constituted  district  township . .  1815  58 

Election  to  be  called 1816  59 

Independent  districts  become  subdistricts. . 1817  59 

Elect  subdirectors  on  first  Monday  in  March 1818  59 

Governed  by  laws  for  district  townships 1819  60 

New  board  to  make  settlement  of  assets  and  liabilities 1820  60 

May  borrow  money  by  issuing  bonds 1821  60 

Board  to  submit  question  of  issuing  bonds  to  electors 1822  61 

.    Board  to  issue  bonds  in  accordance  with  vote  of  electors 1822  61 

Bonds  signed  by  president  and  attested  by  secretary 1822  61 

Denomination  and  time  of  bonds 1822  61 

Board  vote  tax  to  pay  bonds  if  electors  neglect 1823  63 

Orders  draw  legal  interest  after  presentation 1824  61 

Board  may  provide  for  industrial  expositions,  (Chap.  64,  Laws 

of  1874) 1  75 

May  issue  bonds  to  fund  judgment  indebtedness,  (Chap.  132, 

Laws  of  1878) ...........        i  79 

May  subdivide,  or  have  territory  detached,  (Chap.  133,  Laws  of 

1878) 1  80 

Of  15,000,  have  separate  polling  places,  (Chap.  8,  Laws  of  1880)       1  82 

Questions  submitted  decided  by  ballot,  (Chap.  8,  Laws  of  1880)       2  82 


]  34  INDEX. 

SEO.       PAGE. 

INDEPENDENT  DISTRICTS— CONTINUED— 

Notice  of  election,  how  given,  (Chap.  8,  Laws  of  1880) 4  82 

Board  of,  may  issue  bonds  to  fund  judgment  indebtedness, 

(Chap.  132,  Laws  of  1880) 1  85 

Levy  of  tax  for  payment  of  bonds,  (Chap.  132,  Laws  of  1880) . .        6  80 

INDUSTRIAL  EXPOSITIONS— (Chap.  64,  Laws  of  1874). 

Board  provide  for,  in  each  school  if  deemed  expedient 1  75 

Consist  of  what 2  75 

Pupils  to  explain  mode  of  manufacture  or  culture 3  75 

Parents  and  friends  may  attend 4  75 

Ornamental  work  encouraged 5  75 

When  and  where  held 6  75 

JUDGMENT— 

Against  district,  how  paid 1787  46 

Bonds  may  be  issued  to  pay  judgment  indebtedness,  (Chap. 

132,  Laws  of  1878) 1  79 

Bonds  issued  to  refund  judgment  indebtedness,  (Chap.  51, 

Laws  of  1880) 1  84 

Bonds  issued  to  fund  bonded  indebtedness,  (Chap.  132,  Laws 

of!880) 1  85 

LAWS- 

Relative  to  schools  to  be  furnished 1579  68 

Relative  to  schools  to  be  sold 1579  68 

LIABILITIES- 

Boards  to  make  division  of 1715  5 

LIBRARY— 

Electors  may  vote  to  purchase 1717  7 

Electors  may  vote  to  buy  library  and  apparatus 1807  54 

MAPS— 

May  be  purchased  by  board 1729  18 

MISCELLANEOUS- 

Fines  and  penalties,  disposition  of 1786  45 

Judgment,  how  satisfied ,  1787  45 

District  township  meeting  vote  tax  to  pay  judgment 1787  45 

Money  borrowed  from  school  fund,  how  paid 1788  45 

Meeting  not  to  organize  before  9  A.  M.,  nor  adjourn  before  12  M.  1789  45 

Polls  remain  open  from  9  A.  M.  to  4  p.  M.,  when 1789  45 

Director,  or  director  elect,  may  administer  official  oath 1790  46 

Penalty  for  misapplication  of  money,  etc 1791  46 

District  T  wp.  board  have  no  control  over  independent  districts  1792  46 

Children  may  attend  school  in  adjoining  district,  when 1798  46 

Board  to  fix  terms  of  attendance,  when 1794  48 

Pupils  may  attend  school  in  another  subdistrict 1795  48 

Board  may  divide  district  township  into  subdistricts 1796  48 


INDEX.  135 

SEO.  PAGE. 

MISCEL  LANEOUS— CONTINUED— 

Plat  showing  changes  in  boundaries  must  be  filed 1796  48 

Subdistrict  boundaries  conform  to  congressional  lines 1796  48 

Changes  in  boundaries,  take  effect,  when 1796  48 

Superintendent  may  attach  territory  to  another  township, 

when  1797  49 

Territory  may  be  restored,  how 1798  50 

School  district  not  to  be  divided,  when 1799  50 

MONTH— 

Of  what  school  month  consists 1761  33 

NAME— 

Of  school  district 1716  7 

Shall  be  given,  (Chap.  133,  Laws  of  1878) 4  81 

May  be  changed,  (Chap.  133,  Laws  of  1878) 4  81 

NORMAL  SCHOOL— See  State  Normal  School. 

ORDERS— 

When  drawn. 1733  19 

How  drawn : 1739  22 

Partial  payment  on 1748  26 

May  draw  interest,  when 1824  61 

PENALTIES— See  Fines  and  Penalties, 

PRESIDENT— 

Chosen  from  the  subdirectors 1721  10 

Call  special  meetings  of  board 1722  12 

Temporary,  may  be  appointed 1730  18 

Vacancy  in  office  of,  filled  by  board 1730  18 

To  file  bonds  of  secretary  and  treasurer 1731  19 

Bring  suit  on  bond  of  secretary  or  treasurer,  when 1731  19 

Concur  with  majority  in  expelling  pupils 1735  21 

Preside  at  meetings  of  board  and  of  district  township 1739  22 

Draw  drafts  on  county  treasurer 1739  22 

Sign  orders  on  district  treasurer 1739  22 

Sign  all  contracts  made  by  board 1739  22 

Appear  for  district  in  suits 1740  23 

Secretary  appear,  when 1740  23 

Counsel  may  bs  employed 1740  23 

Approve  contracts  of  subdirectors 1753  29 

Concur  with  subdirector  in  dismissing  pupil 1756  30 

Approve  and  file  teachers'  contracts 1757  31 

Sign  warrant  for  semi-annual  apportionment 1782  43 

Certify  to  account  for  tuition  filed  with  auditor 1793  46 

Sign  district  bonds .1822  61 


136  INDEX. 

SEO.  PAGE. 

PUPILS- 

Attend  school  where,  determined  by  board 1725  15 

Fifteen,  required  for  creation  of  subdistrict 1725  15 

Teacher  may  be  employed  to  teach  five 1725  15 

Legal  age  of 1727  16 

Enumerated  by  subdirector 1755  30 

Dismissed  by  subdirector  and  president 1756  30 

May  be  re-admitted 1756  30 

Kegister  of  attendance,  etc.,  when  kept  separate 1759  32 

Not  required  to  read  Bible  contrary  to  wish  of  parent 1764  34 

Attend  school  in  an  adjoining  district,  when 1793  45 

Temporarily  sojourning,  may  attend  school 1794  48 

Board  to  fix  terms  of  attendance,  when 1794  43 

May  attend  school  in  another  subdistrict 1795  48 

RECORDS- 

Secretary  to  keep 1741  23 

REGISTER— 

Teacher  to  keep 1759  32 

REGULATIONS— 

For  control  of  schools  and  teachers 1726  16 

For  government  of  subdirectors 1737  21 

REPORTS— 

Copies  of,  to  be  preserved  by  secretary 1741  23 

Secretary  to  make  annually 1745  24 

Treasurer  to  make  annually 1751  27 

Subdirector  to  make  to  secretary 1755  30 

Made  to  superintendent  of  public  instruction  by  county  super- 
intendent   1772  39 

Of  blind,  and  deaf  and  dumb,  by  county  superintendent. . .   .  1775  40 

Of  interest  on  permanent  school  fund 1783  44 

SALE  OF  PROPERTY- 

May  be  directed  by  electors 1717  7 

SCHOLARS— See  Pupils. 

SCHOOL  LAWS- 

To  be  furnished  school  officers 1579  66 

To  be  sold  by  county  auditor 1579  68 

SCHOOL  MONTH- 

Consists  of  what 1761  33 

SCHOOLS— 

Number  of,  determined  by  board 1724  14 

Duration  of,  beyond  legal  period 1724  14 

Graded,  may  be  established. . .     1726  16 

One  or  more  taught  in  each  subdistrict 1727  16 

Duration  of . .                                                                            .  1727  16 


INDEX.  137 

SEO.  PAGE. 

SCHOOLS— CONTINUED— 

Superintendent  may  allow  board  to  reduce  the  time 1727  16 

Visited  by  board  of  directors 1734  20 

Pupils  may  be  expelled  from 1735  21 

Subdirector  shall  visit  twice  during  each  term 1756  30 

Teacher  of,  must  have  certificate 1758  32 

School  month  denned 1761  33 

Bible  not  to  be  excluded  from 1764  34 

Visited  by  county  superintendent 1774  39 

May  be  attended  by  pupils  from  adjoining  district,  when —  1793  46 

SCHOOL-HOUSES— 

Plans  for,  recommended  by  county  superintendent 1723  12 

Built  or  repaired  by  contract  if  cost  exceed  $300 1723  12 

Proposals  to  build,  invited  by  advertisement 1723  12 

Contracts  let  to  the  lowest  responsible  bidder 1723  12 

Site  of,  fixed  by  board 1724  14 

Contracts  for  iv^dirs  made  by  subdirector 1753  29 

Under  control  of  subdirector  unless  otherwise  ordered 1753  29 

SCHOOL-HOUSE  SITES- 

Lawful  for  district  to  take 1825  62 

Not  to  exceed  one  acre  without  consent  of  owner 1825  62 

Must  be  on  highway 1826  62 

Not  within  forty  rods  of  residence,  if  owner  objects 1826  62 

County  superintendent  to  appoint  appraisers 1827  62 

County  superintendent  to  give  notice  to  owner 1827  62 

Appraisers  to  assess  damages  and  make  report 1827  62 

Board  to  deposit  money  with  the  county  treasurer 1827  62 

Either  party  may  appeal  to  circuit  court 1827  62 

Title  acquired  for  school  purposes  only 1828  64 

SCHOOL  OEDEES— 

Not  drawn  until  claim  is  audited 1733  19 

Signed  by  the  president 1739  22 

Fund  and  object  must  be  specified  in 1739  22 

Secretary  to  countersign  and  register 1741  23 

Transcript  of,  must  be  furnished  to  treasurer 1741  23 

Must  specify  fund  and  purpose 1748  26 

Treasurer  to  register 1750  27 

Given  to  satisfy  judgment. . .  1787  45 

Draw  lawful  interest  after  presentation 1824  61 

SECEETAEY- 

Give  notice  of  subdistrict  election,  when 1718  9 

Draw  for  absent  member  in  case  of  a  tie 1719  10 

Elected  on  third  Monday  in  September 1721  10 

Qualify  and  enter  on  duty  within  ten  days 1721  10 

Chosen  from  township  at  large,  when 1721  10 

Have  no  vote  unless  member  of  board 1721  10 

18 


INDEX- 


SEO.  PAOE- 

SECRETARY—  CONTINUED— 

Temporary,  may  be  appointed  ...............................  1730  18 

Vacancy  in  the  office  of,  filled  by  board  ......................  1730  18 

Give  bond  ...................................................  1731  19 

Compensation  of,  fixed  by  board  .............................  1733  19 

Report  names  of  school  officers  to  county  officers  .............  1736  21 

Appear  in  suits,  when  .....................................  1740  23 

Record  all  proceedings  of  board  ..............................  1741  23 

Preserve  copies  of  all  reports  ................................  1741  23 

File  all  official  papers  .............  ........  .  .................  1741  23 

Countersign  and  register  drafts  and  orders  .........  .  ........  1741  23 

Furnish  district  treasurer  with  transcript  of  orders  ..........  1741  23 

Post  five  notices  of  district  township  meeting  ................  1742  24 

Notices  to  state  hour  of  meeting  ............................  1742  24 

Present  accounts  to  board  to  be  audited  ......................  1743  24 

Notify  superintendent  when  each  school  begins  ..............  1744  24 

Make  annual  report  to  county  superintendent  ...............  1745  24 

Penalty  for  failure  of,  to  report  ..............................  1746  25 

Certify  amounts  for  school  funds  ............................  1777  40 

Countersign  warrants  for  semi-annual  apportionment  .......  1782  43 

Debit  and  credit  treasurer  ...................................  1782  43 

File  account  of  tuition,  when  ................................  1793  40 

Deliver  plat  to  county  treasurer  and  auditor  ................  .  1796  48 

Record  order  of  county  superintendent  and  correct  plat,  when  1797  49 

Chosen  outside  the  board,  when  .............................  1802  52 

Act  as  judge  of  annual  election  ..............................  1808  54 

Draw  for  absent  member,  in  case  of  tie  vote  .................  1808  54 

Post  notices  of  election  ......................................  1811  56 

Send  up  transcript  ...........................................  1832  65 

SEX—  (Chapter  136,  Laws  of  1876.) 

Not  a  test  of  eligibility  to  school  offices  ......................        1  79 

No  person  deprived  of  school  office  by  reason  of  sex  ..........        2  79 

STATE  NORMAL  SCHOOL—  (Chapter  129,  Laws  of  1876.) 

Object  and  location  .........................................       1  76 

Controlled  by  board  of  directors  .............................        2  76 

Vacancy  in  board  filled  by  governor  ..............  m  .........        2  76 

Officers  of  the  board,  and  compensation  ......................        3  76 

Officers  to  give  bond  .........  .  ...............................        4  77 

Teachers  employed  by  board  .................................        5  77 

Property  and  funds  controlled  by  board  ...............  .......        5  77 

Rules  for  management  of  school  made  .......................        5  77 

Provide  for  admission  of  teachers  ......  .....................        5  77 

Arrange  for  board  of  teachers  ..............................        5  77 

Require  fee  for  contingent  expenses  .......................   .        5  77 

Session  must  continue  twenty-six  weeks  .....................        5  77 

Board  may  charge  tuition  fee  ................................        5  77 

Report  made  each  year  ......................................        9  78 


INDEX.  139 

BEG.  PAGE. 

STATE  UNIVERSITY— 

Object  and  location '  1585  70 

Course  of  study,  where  to  commence 1585  70 

Students  not  having  completed  elementary  branches  not  ad- 
mitted   ' 1585  70 

No  religious  denomination  to  control 1586  70 

Governed  by  board  of  regents •  •  1587  70 

Governor,  president  of  th«  board 1587  70 

Superintendent  public  instruction  and  president  university 

members  of  board 1587  70 

General  assembly  elect  a  member  from  each  congressional  dis- 
trict   1587  70 

Departments  determined  by  board  of  regents 1589  70 

Include  collegiate,  scientific,  law,  and  other  departments 1589  70 

Board  may  confer  degrees 1589  70 

Enact  laws  for  government  of  university 1596  70 

Appoint  president,  prof essors  and  tutors. 1596  .     70 

Determine  salaries  of  officers 1596  70 

May  purchase  apparatus,  library,  etc 1597  71 

All  specimens  collected  by  state  geologist  to  belong  to  state. .  1598  71 

President  to  report  to  board  of  regents 1600  71 

Board  to  report  to  superintendent  of  public  instruction 1601  71 

SUBDIRECTOR- 

Special  election  of 1714  5 

Elected  annually  first  Monday  in  March  in  each  subdistrict . .  1718  9 

Give  notice  of  subdistrict  election 1718  9 

One,  elected  from  the  district  at  large,  when 1720  10 

Vacancy  in  office  of,  filled  by  board 1730  18 

Governed  by  rules  made  by  board 1737  21 

Take  oath 1752  28 

Office  vacant  in  case  of  failure  to  qualify 1752  28 

Make  contracts  under  restrictions  of  board 1753  29 

Have  control  of  school-house 1753  29 

Contracts  must  be  approved  by  president- 1753  29 

Take  enumeration  of  children 1754  30 

Make  annual  report  to  secretary 1755  30 

May  dismiss  pupils  with  concurrence  of  president 1756  30 

Shall  visit  schools  twice  during  each  term  1756  30 

Authorized  to  administer  official  oath 1790  46 

Qualify  on  or  before  third  Monday  in  March 1790  46 

When  superseded  deliver  up  books,  etc 1791  46 

Penalty  for  misapplication  of  money,  etc 1791  46 

May  consent  that  pupils  attend  school  in  another  subdistrict  1795  48 

Elected  for  new  subdistrict,  when 1796  48 

No  person  ineligible  to  office  by  reason  of  sex,  (Chap.  136,  Laws 

of  J  876) 1  79 


140  INDEX. 

SEO.  PAGE. 

SUBDISTRICTS— 

Embracing  whole  district  elect  three  subdirectors 1720  10 

If  but  two  subdistricts  in  township,  subdirectors  chosen,  how  1720  10 

Board  determine  number  of  schools  taught  in  each 1724  14 

One  or  more  schools  taught  in  each 1727  16 

Rule  of  taxation  on,  for  school-house  purposes 1778  41 

Pupils  may  attend  in  another 1795  48 

Plat  of,  to  be  made 1796  48 

May  be  formed  from  independent  districts 1817  59 

Hold  meeting  to  elect  subdirector,  on  first  Monday  in  March  1818  59 

SUBDISTRICT  BOUNDARIES— 

Vote  of  majority  of  board  required  to  change 1738  22 

Established  and  changed  by  board 1796  48 

Conform  to  congressional  lines 1796  48 

Changes  in,  to  take  effect,  when 1796  48 

SUBDISTRICT  MEETING— 

Held  annually  first  Monday  in  March 1718  9 

Five  days'  notice  of,  given  by  subdirector 1718  9 

Three  notices  stating  hour,  posted 1718  9 

Chairman  and  secretary  act  as  judges  of  election 1719  10 

Three  subdirectors  elected,  when 1720  10 

A  subdirector  chosen  in  each  subdistrict  and  one  at  large,  when  1720  10 

Judges  of  election  canvass  votes  for  subdirector  at  large 1720  10 

Not  to  organize  before  9  A.  M.,  nor  adjourn  before  12  M 1789  45 

Held  on  first  Monday  in  March. 1818  59 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION- 

Approve  appointment  of  institute  instructors 1769  36 

May  entertain  appeals  from  county  superintendent 1835  66 

Give  thirty  days'  notice  to  county  superintendent 1835  66 

Like  notice  to  adverse  party 1835  66 

Decision  shall  be  final 1835  66 

Shall  not  render  judgment  for  money 1836  67 

Receive  no  additional  compensation  for  determining  appeals  1836  67 

Charged  with  supervision  of  schools  and  superintendents —  1577  68 

May  meet  county  superintendents  in  convention 1577  68 

Attend  teachers'  institutes  when  practicable 1577  68 

Render  written  opinion  to  school  officers. .. 1577  68 

Determine  cases  of  appeal 1577  68 

Office  at  seat  of  government 1578  68 

File  all  papers,  documents,  etc 1578  68 

Keep  fair  record  of  matters  in  office 1578  68 

Publish  and  distribute  amendments  to  school  laws 1579  68 

Prepare  and  distribute  form  of  teachers'  certificates 1579  68 

Other  blank  forms 1579  68 

May  subscribe  for  Iowa  School  Journal 1581  69 


INDEX.  141 

SEO.  PAGE. 

SUPERINTENDENT,  ETC.— CONTINUED— 

Furnish  copies  of  same  to  county  superintendents 1581  69 

Publish  decisions  in  Iowa  School  Journal 1581  69 

Report  number  of  children  to  auditor  of  state 1582  69 

Have  report  printed  and  presented  to  general  assembly 1583  69 

Appoint  teachers'  institutes 1584  69 

Transmit  funds  appropriated,  to  county  superintendent 1584  69 

TAXES— 

Board  not  to  certify  after  third  Monday  in  May 1738  22 

For  teachers'  and  contingent  funds  determined  by  board 17*77  40 

Certified  by  secretary  to  board  of  supervisors 1777  40 

Board  of  supervisors  to  levy  for  school  funds 1777  40 

School-house,  to  be  apportioned 1778  41 

Excess  levied  upon  subdistrict,  when 1778  41 

Fifteen  mills  may  be  levied,  when 1778  41 

One  to  three  mills  county  tax  to  be  levied  1779  42 

Receivable  only  in  cash 1779  42 

Limits  of,  for  school  purposes 1780  43 

Paid  to  district  township  treasurer  quarterly 1784  44 

Paid  to  independent  districts  monthly 1784  44 

Are  void,  when 1804  53 

All  taxes  determined  by  board  of  directors,  when 1804  53 

Determined  before  third  Monday  in  August,  when 1804  58 

Certified  before  first  Monday  in  September,  when 1804  53 

Board  of  supervisors  levy  for  independent  districts 1804  53 

Of  mills  voted,  when,  (Chapter  6 1,  Laws  of  1874) 1  76 

TEACHERS— 

Keep  list  of  pupils  showing  attendance,  etc 1734  20 

May  be  discharged  by  board .' 1734  20 

Subdirector  or  secretary  makes  contracts  with 1757  31 

Contracts  must  be  in  writing 1757  31 

President  must  approve  and  file  contract 1757  31 

Not  to  be  employed  without  certificate 1758  32 

Keep  daily  register 1759  32 

Keep  separate  register  for  non-resident  pupils 1759  32 

File  certified  copy  of  register  with  secretary 1760  33 

Regular  examination  of,  last  Saturday  in  each  month 1766  34 

Satisfy  county  superintendent  regarding  moral  character 1767  35 

Certificate  cannot  exceed  one  year 1767  35 

Examination  of,  to  be  public 1768  36 

Pay  fee  on  application  for  examination 1769  36 

Pay  registration  fee 1769  36 

Certificate  of,  may  be  revoked 1771  38 

Shall  have  personal  notice  of  charges  preferred 1771  38 

Of  county  high  school,  by  whom  selected ...  1706  73 


142  INDEX. 

TEACHERS'  NORMAL  INSTITUTE— 

Shall  be  held  annually  in  each  county 17C9  80 

Aided  by  state  appropriation 1584  69 

TEXT-BOOKS- 

Board  may  adopt 1728  17 

May  be  changed  after  three  years 1728  17 

Electors  may  authorize  board  to  change  sooner 1728  17 

TIE  VOTE— 

For  subdirector  determined  by  lot 1719  10 

For  director  determined  by  lot 1808  54 

TRANSCRIPT— 

Secretary  notified  to  send  on  appeal 1832  65 

TREASURER— 

Chosen  outside  board,  when 1721  10 

nave  no  vote  unless  member  of  board 1721  10 

Vacancy  in  office  of,  filled  by  board 1730  18 

Give  bond 1731  19 

Accounts  of,  examined  by  board 1732  19 

Compensation  of,  fixed  by  board 1733  19 

Hold  all  moneys  belonging  to  district 1747  25 

Pay  funds  on  order  of  president,  countersigned  by  secretary.  1747  25 

Keep  account  of  moneys  received  and  paid  out 1747  25 

Keep  separate  account  with  each  fund 1748  26 

Pay  no  order  which  does  not  specify  fund  and  object 1748  26 

Make  partial  payments  on  orders 1748  26 

Receive  money  apportioned  to  district 1749  27 

Receive  district  school  tax 1749  27 

Register  orders 1750  27 

Render  statement  of  finances 1751  27 

Make  annual  report  to  board  of  directors 1751  27 

Make  annual  report  to  county  superintendent 1751  27 

Penalty  for  failure  to  report 1751  27 

Draw  semi-annual  apportionment  on  warrant 1782  43 

Receive  moneys  for  district  township  quarterly 1784  44 

Receive  moneys  for  independent  district  monthly 1784  44 

Chosen  outside  board,  in  all  independent  districts 1802  52 

Negotiate  bonds 1822  61 

Countersign  bonds  when  negotiated 1822  61 

Charged  with  bonds  delivered  to  him 1822  61 

Of  county  high  school 1701  72 

Of  county  high  school,  duties  of 1704  73 

Of  state  normal  school  (Chapter  129,  Laws  of  1876) 3  76 

Of  state  normal  school,  duties  of  (Chapter  129,  Laws  of  1876).        4  77 

To  sell  bonds,  when  (Chapter  132,  Laws  of  1880) 2  85 

Keep  record  of  parties  purchasing  bonds  (Chapter  132,  Laws 

of  1880) : 3  85 

Charged  with  bonds  delivered  to  him  (Chap.  132,  Laws  of  1880)        5  SO 


INDEX.  143 

8EO.  PAGE. 

TUITION— 

Of  pupils  from  other  districts,  how  paid 1793  46 

Of  non-residents,  fixed  by  board 1794  48 

At  county  high  school  free,  when 1707  73 

Of  scholars  from  other  counties  at  county  high  school 1708  74 

At  state  normal  school  (Chapter  129,  Laws  of  1876) 5  77 

VACANCY- 

Filled  by  special  election,  when 1714  5 

Filled  by  appointment,  when 1730  18 

VISITATION  OF  SCHOOLS- 

By  board  of  directors 1734  20 

By  subdirector   1756  30 

By  county  superintendent            1774  39 


INDEX    TO    FORMS. 


NO.  PAOBf 

Proceedings  of  district  township  meeting 1  87 

Notice  for  annual  meeting  in  subdistricts 2  88 

Proceedings  of  annual  subdistrict  meeting 3  88 

Certificate  of  election  of  subdirector 4  89 

Certificate  of  tax  voted  by  subdistrict  meeting 5  90 

Proposals  for  the  erection  (or  repair)  of  school-house 6  90 

•Contract  for  building  school-house 7  90 

Bond  for  performance  of  contract 8  92 

Certificate  of  appointment  of  school  officers 9  93 

Bond  of  secretary  or  treasurer 10  93 

Certificate  of  the  election  of  officers  of  the  board 11  94 


Draft  on  county  treasury 12  95 

Order  on  district  treasury 13  95 

Lease 14  96 

Deed 15  96 

Order  register  of  secretary  and  treasurer 16  98 

Notice  of  district  township  meeting •  17  98 

Treasurer's  account  with  teachers'  fund 18  99 

Report  of  secretary 19  100 

Report  of  treasurer 20  101 

Contract  between  subdirector  and  teacher 21  103 

List  heads  of  families  and  children,  kept  by  subdirectors  —  22  104 


144  INDEX. 

NO.  PAGE. 

Teacher's  daily  register  of  attendance 23  105 

Teacher's  term  report  to  district  secretary 24  106 

Teacher's  certificate 25  107 

Monthly  report  of  institute  fund 26  108 

Receipt  of  institute  fund 27  109 

Application  for  teachers'  normal  institute. . . 28  109 

Report  of  registration  fees,  institute  fund 29  110 

Order  on  institute  fund 30  111 

Report  of  teachers'  normal  institute 31  111 

Revocation  of  teacher's  certificate 32  113 

Certificate  to  supervisors  of  tax  determined  by  the  board  of 

directors 33  113 

Certificate  to  supervisors  of  tax  voted  by  district  township. .  34  114 
Certificate  of  tax  voted  by  a  subdistrict,  not  granted  by  the 

district  township  electors 35  114 

Notice  from  the  county  auditor  of  semi-annual  apportionment  36  115 

Certificate  of  election  of  county  superintendent 37  115 

Certificate  of  qualification  of  county  superintendent 38  116 

Notice  from  county  treasurer  of  school  tax  collected 39  116 

Notice  permitting  attendance  from  adjoining  districts 40  117 

Application  for  appointment  of  appraisers  of  site 41  117 

Appointment  of  appraisers  of  school-house  site 42  118 

Notice  to  owner  of  real  estate  of  appointment  of  appraisers.  43  119 

Report  of  appraisement  of  property  for  school-house  purposes  44  119 

Notice  of  assessment  of  damages 45  120 

Affidavit  of  appeal 46  120 

Notice  of  appeal 47  121 

Certificate  to  district  secretary's  transcript 48  122 

Notice  of  hearing  of  appeal 49  122 

Certificate  to  the  county  superintendent's  transcript 50  123 


YC  53872. 


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